Judgment

GUPTA, J.:- These two groups of appeals, brought an certificates granted by the High Court at Calcutta, arise out of two references under Section 66 (2) of the Indian Income-tax Act, 1922 involving similar questions of law.

2. Mitsui Steamship Co. Ltd. appellant in Civil Appeals Nos. 1072-1075 of 1970 and M/s. Kawasaki Kisen Kaisha Ltd. appellant in Civil Appeals Nos. 1076-1079 of 1970, are both non-resident shipping companies having their registered offices in Japan. Civil Appeals Nos. 1072-1075 of 1970 relate to assessment years 1957-58, 1958-59, 1959-60 and 1960-61 for which the previous years were the financial years ending on the 31st March, 1957, 1958, 1959 and 1960 respectively. Civil Appeals Nos. 1076-1079 of 1970 relates to assessment years 1956-57, 1957-58, 1958-59 and 1959-60, the corresponding previous years being the financial years ending on the 3lst March 1956, 1957, 1958 and 1959 respectively. The appellant in each case had been assessed to income-tax for the years mentioned above under the Indian Income-tax Act 1922 (hereinafter referred to as the Act of 1922) in respect of its net Indian earnings. In the assessment proceedings the appellant companies had cl