Judgment

HEGDE J.:- These are some of the appeals where the appellant unfortunately had to file two different appeals in respect of the same matter. Civil Appeals Nos. 2350-2353 of 1968 were brought on the strength of the certificates granted by the High Court of Gujarat. No reasons were given in support of those certificates. Hence those certificates must be considered as having not been properly granted. The resulting position was that the appeals brought on the strength of these certificates became unsustainable. To get over that difficulty, the Commissioner of Income-tax, Gujarat invoked our jurisdiction under Article 136 of the Constitution to appeal against the judgement of the High Court. The special leave asked for was granted and thus he came to file Civil Appeals Nos. 1313-1316 of 1971.

2. The assessee is a Private Limited Company and the concerned assessment years are 1957-58, 1959-60, 1960-61 and 1961-62. The only question for decision in these appeals is whether the assessee company comes within the scope of Section 23-A of the Indian Income-tax Act, 1922 (to be hereinafter referred to as the Act)?

3. The assessee company was incorporated on October 11, 1941. The object c