JUDGMENT

KHANNA, J.:—This appeal on certificate by the Commissioner of Income-tax is against the judgment of the Calcutta High Court whereby the High Court answered in a reference under the Income-tax Act the following question in favour of the assessee-respondent and against the revenue :

"Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that in making the re-assessment under Section 147 (b) of the Income-tax Act, 1961, the Income-tax Officer could not depart from the method of computation permitted in Rule 33 of the Income-tax Rules and followed in the original assessment, and adopt an alternative method of computation also permitted under the said Rules (corresponding to Rule 10 of the Income-tax Rules, 1962 ?)"

2. The matter relates to the assessment year 1959-60, the corresponding financial year for which ended on March 31, 1959. The assessee is a non-resident company carrying on business as construction engineers. The Income-tax Officer made the original assessment on May 31, 1960 on a total income of Rupees 21,49,169. On November 5, 1962 the Income-tax Officer initiated proceedings under Section 147 (b) of the Income-tax Act, 1961 (