Judgement

Appeal (No. 50 of 1934) from a judgment of the High Court (February 27, 1933) upon a reference by the Commissioner of Income-tax under s. 66, sub-s.1, of the Indian Income-tax Act, 1922.

The questions referred to the High Court were "(1) Whether the Income-tax Officer, Companies Circle, Bombay, was justified in law in resorting to r. 35 of the Income-tax Rules for the purpose of assessing the Company to income-tax for the year 1931-32 having regard to the data furnished by it to that Officer.

"(2.) Whether the assessment of the Company to income-tax for the year 1931-32 is a legal assessment and binding upon it in view of the opinion expressed by this Honourable Court in Civil Reference No. 5 of 1928 (Commissioner of Income-tax, Bombay v. National Mutual Life Association of Australasia, Ld. ( 1931) I. L. R. 55 B. 637).”

The material facts and the relevant statutory provisions appear from the judgment of the Judicial Committee.

The High Court (Beaumont C. J. and Rangnekar J.) by separate judgments, answered both questions in the affirmative. The judgments are reported at ( 1933) I. L. R. 57 B. 519.

1935- Oct. 15, 17. Latter K.C., and Cyril King for the appellants. The seco