( 1 ) WE have heard learned standing counsel for the applicant only as none appeared on behalf of the opposite party despite notice having been served on the secretary of the opposite party. ( 2 ) AFTER having heard the learned standing counsel, we are of the view that question No. 2 as stated in, paragraph No. 9 of the application is a question of law and that it does arise from the tribunals order (annexure 3 to the reference application ). ( 3 ) WE, therefore, direct the Appellate Tribunal to state the case on the following question and refer the same to this court for its opinion : "whether the Income-tax Appellate Tribunal is legally correct in holding that the bottles and crates in the assessees case do not constitute its stock-in-trade and should be treated as plant?" ( 4 ) THE application is partly allowed, without any order as to costs. .