K.S. HEGDE, J.

(1) CIVIL Nos. 1 168-1171 of 1971 are by special leave and Civil Nos. 2376-2379 of 1968 are by certificate. These appeals arise from the decision of the Calcutta High court in certain tax references. In those references the High court was considering the one question referred to it by the tribunal under S. 66(1) of the Indian Income-tax Act, 1922 (in brief the Act) and two other questions referred to it by the Tribunal in accordance with the directions given by that court under Section 66(2) of the Act. The High court has only answered the question referred to it by the tribunal under S. 66(1) of the Act and it has not answered the other two questions as being unnecessary. The question referred under S. 66(1) is :

"WHETHER on the facts and in the circumstances of the case, the notice issued under S. 33-B of the Indian Income-tax Act, 1922, met the requirements of the law and whether the Commissioner of Income-tax validly exercised jurisdiction under S. 33-B of the Indian Income-tax Act, 1922?"

(2) THE facts of the case lie within a narrow compass. The concerned assessment years are 1959-60 and 1960-61, the corresponding accounting years having ended