Judgment

HEGDE, J.: This appeal by special leave arises from the decision of the High Court of Allahabad in Sales Tax Reference No. 28 of 1964 on its file. That was a reference under S. 11 (1) of the U. P. Sales Tax Act, 1948 (to be hereinafter referred to as the Act). The two questions referred for the opinion of the High Court are:

"1: Whether a dealer can elect assessment year basis from previous year basis under rule 39 in a case in which Section 18 (4) applies warranting assessment on previous year basis?

2. Whether the election so made and the resultant original assessment on assessment year basis would operate as a bar warranting the subsequent assessment to be completed on assessment year basis?"

2. The assessee was a dealer in imported Vanaspati oil and Kirana. It started its business in the year 1952-53 but in that year it carried on business only for a part of the year. In respect of its turnover for that year, the assessment was made for the broken period under S. 18 (3) of the Act as it then stood. For the assessment year 1953-54, the assessee submitted quarterly returns. The assessing authority accepted the returns submitted by the assessee and assessed him on the basis