Judgement

S. R DAS J. : These two consolidated appeals are directed against the judgment and order made on 11-1-1950 by the High Court of Judicature at Madras in References No. 80 of 1946 and No. 38 of 1948 under S. 66, Income-tax Act, whereby the High Court relying on its earlier decision in - The Commr. of Income-tax, Madras v. Sevugan , 1948-16 ITR 59 held that the references were incompetent and accordingly refused to answer the questions raised therein. The facts are shortly as follows:

2. The respondent who is a Nattukoti Chettitar had his headquarters at Karaikudi in India and also carried on his money-lending business at branches at Maubin, Kualalumpur and Singapore. He also had income from properties at Maubin and Singapore. For the Assessment year 1942 the Income-tax Officer calculated the assessee s accrued foreign income as Rs. 29,403, at Maubin Rs. 27,731 at Kualalumpur and Rs. 34,584 at Singapore, in all Rs. 91,718. After deducting out of this amount Rs. 4,500 allowed under the 3rd proviso to S. 4(1) at the Act, the Income-tax Officer computed the total assessable foreign income at Rs. 87,218. Out of the total remittances of Rs. 84,352 the income-tax Officer allocated