K.S.Hegde, J.

(1) THIS appeal by special leave arises from a judgment of the High court of Calcutta in a reference made to it under Suction 21 (J) of the Bengal Finance (Sales Tax) Act, 1941 (Act VI of 1941). That was a reference made by the Board of Revenue, West Bengal in pursuance of the directions given by the High court. After stating a case. the Board referred three questions to the High court at the instance of the assessee company. The assessee informed the High court that it did not want any answer to the third question. The High court answered questionsNos. (i) and (ii) in favour of the asscssue company. Aggrieved by that order the Board of Revenue has come; up in appeal to this court.

(2) THE rnaterial facts are these:

MESSRS. Phelps & Co. (P) Ltd. the assessee is a company ircported under the Indian Companies Act, 1913 having its Registered Oflicc in New Delhi. It is carrying on business, amongst other places, at Calcutta. It was registered as a dealer under the Bengal Finance (Sales Tax) Act, 1941 and was carrying on the business of tailors, drapers, out-fitters and industrial "gloves manufactures.

(3) IN respect of the assessmen