Judgment

HEGDE, J.: This appeal by certificate by the Revenue is directed against the order made by the High Court of Calcutta in a reference under S. 66 (1) of the Indian Income Tax Act, 1922 (to be hereinafter referred to as the Act).

2. At the instance of the assessee, the Income-tax Appellate Tribunal A Bench, Calcutta referred to the High Court for its opinion two questions of law viz:

"(1) Whether the assessment is complete on the date when the income is assessed by the Income-tax Officer or on the date when the tax is computed by him and the challan demanding the tax is issued?

(2) Whether on the facts admitted or found in this case, the assessment was time-barred under the first proviso to section 34 (3) of the Indian Income-tax Act?"

3. The original assessment of the assessee for the assessment year 1944-45 was made sometime before March 13, 1953. Subsequently after obtaining the sanction of the Commissioner of Income-tax, the Income-tax Officer reopened the assessment under S. 34 (1) (a) of the Act. On March 13, 1953 he issued a notice to the assessee under S. 34 read with S. 22 (2) of the Act. After considering the objection of the assessee, the Income-tax Officer computed