( 1 ) IN this petition entitled as one under section 66 (2) of the Income Tax Act and also under Article 226 of the Constitution the petitioner has sought a direction from this Court under section 66 (2) of the Income Tax Act to the Income Tax Appellate Tribunal to draw up a Statement of the Case and to raise and refer to this Court certain specified questions of law. In the alternative he has sought the issuance of a writ of mandamus or any other appropriate writ or direction under Article 226 of the Constitution directing the Income Tax Appellate Tribunal to draw up a Statement of the Case and to raise to this Court certain specified questions of law.

( 2 ) THE facts are these: The petitioner who carries on business of purchasing and selling medicines as a retailer was assessed to income-tax for the assessment year 1956-57 accounting period being Samvat Year 2011. In the course of the assessment proceedings the Income Tax Officer rejected the books of account of the petitioner and treated the amount of sales effected by the petitioner at Rs. 4 91 326 and also enhanced the gross profits of 5. 9 per cent disclosed by the petitioner to ten per cent. The result was an