Judgment

GROVER, J. :- In these appeals this Court by an order dated January 21, 1971 directed the Income-tax Appellate Tribunal to submit a supplementary statement of the case on the question whether the proceedings under S.10-A were started in the course of assessment or reassessment proceedings commenced under Section 15 of the Excess Profits Tax Act 1940, hereinafter called the "Act."

2. The facts set out in the supplementary statement of the case may be recapitulated. M/s Gurbux Rai Harbux Rai hereinafter referred to as the "assessee" is a registered firm carrying on business in piece goods. During the chargeable accounting period July 4, 1943 to June 21, 1944 and June 22, 1944 to July 10, 1945 Gurbux Rai and Harbux Rai (each representing his joint family) were the two partners of the assessee with equal shares. In the proceedings for assessment of tax under the Act for the above two chargeable accounting periods the assessee informed the Tax Officer that the joint family of Gurbux Rai had been partitioned and there had been a reconstitution of the business of partnership with effect from July 4, 1943. According to the assessee the constitution of the firm after the partition wa