JUDGMENT

B.P. Jeevan Reddy, J.-These appeals are preferred against the judgment of the Calcutta High Court answering the three questions referred to it under Section 256(1) of the Income-Tax Act against the assessee and in favour of the Revenue. The three questions are :

"1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the return of income furnished by the assessee by virtue of the provisions contained in sub-section (4) of Section 139 of the Income Tax Act, 1961 beyond the time allowed under sub-section (1) or sub-section (2) of the said Section, could not be construed as a return furnished under either of the latter sub-section and in that view holding that the assessee was not entitled to file a revised return under sub-section (5) of Section 139 of the Income Tax Act, 1961?

2. Whether, on the facts and in the circumstances of the case, the assessment made by the Income Tax Officer for the assessment years 1964-65 and 1965-66 were within the time limit prescribed in Section 153(1)(b) of the Income Tax Act, 1961?

3. Whether, on the facts and in the circumstances of th