( 1 ) THIS is a Reference under Section 21, Excess Profits Tax Act read with Section 66 (1), Income-tax Act.

( 2 ) THE question referred to is in these terms: "whether on the facts and in the circumstances of the case the Appellate Tribunal was right in holding that the Excess Profits Tax Officer, Central Circle IV, Calcutta, was competent to make the Excess Profits Tax assessment under Section 14 (1), Excess Profits Tax Act, 1940, for the chargeable accounting period ending 31-12-1941, corresponding to the previous year relevant to the Income-tax Assessment for 1942-43?"

( 3 ) THE Reference arises out of an assessment for Excess Profits Tax for the chargeable accounting period commencing on 1-1-1941, and ending on 31-12-1941, the corresponding assessment year under the Income-tax Act being 1942-43.

( 4 ) ON 24-2-1943, the Income-tax Officer, Companies District No. II, made the income-tax assessment of the assessee for the assessment year 1942-43. He was the Officer who was exercising the functions of an Income-tax Officer under Section 5 (5), Income-tax Act in regard to the case of the assessee during the period 1-1-1941 to 1-9-1944.

( 5 ) BY a notification dated 14-