M.R.Sharma, J.

1. The following question of law has been referred to us for our opinion by the Income-tax Tribunal, Chandigarh Bench :

" Whether, on the facts and circumstances of the case, the original assessment orders dated April 7, 1971, stood merged in the Appellate Assistant Commissioners order dated November 15, 1972, before the Commissioner initiates revision proceedings ?"

2. The facts giving rise to this reference may briefly be stated as under: Vide partnership deed dated February 13, 1968, a partnership consisting of 12 partners to work under the name and style " New Diwan Oil Mills" was constituted. On 20th November, 1968, two of the partners, namely, Shri Mithan Lal and Shri Sadhu Ram, retired from the partnership and Smt. Shanti Devi was introduced as a new partner in the firm. For the assessment year 1969-70, the assessee-firm filed two returns of its income for the period from 13th February, 1968, to 20th November, 1968, and 21st November, 1968, to 31st March, 1969. The ITO, Chandigarh, vide two separate orders passed on April 7, 1971, framed two assessments in respect of the incomes of the said two periods. Later on, the ITO in exercise of the juri