Judgment

JAGANMOHAN REDDY, J.

( 1 ) THIS appeal is by special leave against the judgment of the High Court of Rajasthan in an Income-tax reference under S. 66 (1) by which it answered the two questions referred to it in the negative. Before this appeal was filed, Appeal No. 1238/1969 had been filed on a certificate but that was dismissed because this Court had in several cases held that in Income-tax references if the High Court does not give any reasons while granting the certificate, the certificate can be revoked.

( 2 ) THE assessee, a firm carrying on mining business at Udaipur with a branch at Mandal, had pursuant to an invitation to tender for mica mining in accordance with the terms and conditions prescribed in the Mineral Concession Rules, tendered for certain areas for Rs. 1,57,150/- of which Rs. 3,360/- was payable towards the mica scrap lying on the surface. The lease was for 20 years and the areas which were offered had been worked by other private companies for 15 years. This offer of the appellant was accepted and the lease was granted to it. In the relevant assessment year 1952-53 for which the previous year for the head office ended on October 30, 1951 and for the br