MAHAJAN, J.

1. The Income-tax Appellate Tribunal, Delhi Bench, has referred the following two questions of law for our opinion under section 66 (1) of the Income-tax Act, hereinafter referred to as the Act :

"1. Whether, on the facts and in the circumstances of the case, the proceeding initiated under section 34 on November 11, 1954, were in order ?

2.In case the answer to the first question is in the negative, whether the assessment for the year 1948-49, as made on March 24, 1955, was in order regard being had to all the terms of sub-section (3) of section 34 ?"

2. In order to arrive at a correct decision with regard to the question referred for our opinion, it will be proper to set out the facts with regard to the assessment in question which had led to the present reference.

3. The assessee is a lady. She was a partner in a firm styled as National Stores, New Delhi, during the relevant year of account. She had a seven annas share in a rupee in this firm. The assessment year in question is 1948-49, the previous year being the financial year 1947-48. No notice under sub-section (2) of section 22 of the Act was issued to her to furnish a return of income during the previous