( 1 ) THIS application concerns the assessment of excess profits tax (hereinafter referred to as the E. P. Tax) under the Excess Profits Tax Act, 1940 (Act 15 of 1840) (hereinafter referred to as the E. P. T. Act), of the firm of Sriram Jhabarmull for the chargeable accounting period, 26-3-1942 to 13-4-1943. The firm has been assessed on the footing of a Hindu undivided family, of which the Karta is Nandram Agarwalla.

( 2 ) THE original E. P. T. Act did not contain any provision for provisional assessment. This was introduced by Ordinance No. 16 of 1943 which introduced Section 14a. As this provision is not generally found in the current text books, I set it out below :"14a. 'power to make provisional assessments'. (1) The Excess Profits Tax Officer before proceeding to make an assessment (in this Section referred to as the provisional assessment) under Section 14, may at any time after the expiry of the period specified in the notice issued under Sub-section (1) of Section 13 as that within which the return therein referred to is to be furnished, and whether the return has or has not been furnished, proceed to make in summary manner a provisional assessment of the amou