Judgment

KHANNA, J.:- This judgment would dispose of five Civil Appeals Nos. 1494 to 1498 of 1971 by Special Leave filed by the Commissioner of Income-tax, West Bengal against the judgment of Calcutta High Court whereby the question referred to that Court under section 66 (1) of the Indian Income-tax Act, 1922 (hereinafter referred to as the Act) for five assessment years was answered in favour of the assessee respondent Coal Shipments (P) Ltd. During the pendency of the appeals, the name of the respondent was changed to Heilgers Investment Ltd.

2. The matter relates to the assessment years 1951-52, 1952-53, 1953-54, 1954-55 and 1955-56, the corresponding accounting years for which ended 31-3-1951, 31-3-1952, 31-3-1953, 31-3-1954 and 31-3-1955 respectively.

3. The respondent was one of the companies which exported coal from India to Burma before the Second World War. Amongst the other exporters were Messrs. Karamchand Thapar & Bros. Ltd., Messrs. Macheill Barry Ltd., Messrs. Andrew Yule & Co. Ltd. and Messrs. H. V. Low & Co. Ltd. The shipment of coal to Burma Railways before the war was the subject of open tender. After the cessation of hostilities in 1946, it became possible to resum