Judgment:

HIDAYATULIAH, J.: These three consolidated appeals by special leave are against a common judgment and order of the High Court of Madhya Pradesh, dated September 8, 1958, in three second appeals filed under R. 13 of the Indore Industrial Tax Rules, 1927 of the former Holkar State, which were in force before the State became part of Madhya Bharat State. They concern three assessments relating to the assessment years, 1941, 1942 and 1943 respectively. These second appeals were originally filed in the Madhya Bharat High Court as early as 1952; but the records of the appeals were destroyed by fire and had to be reconstructed. By the time the appeals were ready, Madhya Bharat had merged in the new State of Madhya Pradesh, and the appeals were accordingly heard by a Divisional Bench of that High Court.

2. The appellant is a Textile Mill and a Public Joint Stock Company called the Nandlal Bhandari Mills, Ltd. The appellant had appointed a firm, Messrs. Nandlal Bhandari and Sons as agents, secretaries and treasurers of the Mills, and under cl. (6) of the agreement of agency, it agreed to pay to the agents an office allowance, commission on the Company s net profits and commission on