Chagla, C.J.

1. On this reference the assessee challenges an order of re-assessment made under Section 15, Excess Profits Tax Act.

2. It would appear that the assessee, which is a dealer in iron steel, was assessed to excess profits tax on an income of Rs. 4,03,269 the assessment order under the Excess Profits Tax Act was made on 17-2-1943, for the purpose of making this assessment the accounts of the assessee were scrutinised by one Killawalla. Against the order of assessment the assessee preferred an appeal to the Appellate Assistant Commr., its contention being that the Income-tax Officer was wrong in disallowing a sum of Rs. 98,126. In the course of the hearing of this appeal the Appellate Assistant Commr. forwarded the case to the Income-tax Officer Mr. D. N. Dastur for a careful scrutiny of the books of account in this connection Mr. Dastur made his report. At the time that the assessment order under the Excess Profits Tax Act was passed, the income-tax assessment of the assessee was not completed this assessment was completed by an order made on 24-3-1947, the assessment was made on income-tax not on the basis of the income of Rs. 4,03,269 as has been done