( 1 ) IN this application of Dwarka Prasad Bajaj, the assessee, made in the above reference a rule nisi was issued calling upon the Commissioner, West Bengal-I, to show cause why the amount of tax in dispute in respect of the assessment years 1967-68 and 1970-71 which are the subject-matter of Certificate Cases Nos. 347/tr-ASL/74-75, No. 321/ TR-ASL/75-76, No. 346/tr-ASL/74-75 and 2987/tr-ASL/72-73 and the notice for settling a sale proclamation dated the 14th September, 1978, issued by the TRO, Asansol, should not be stayed till the disposal of the above reference. Pending the dispasal of the rule the Commissioner and the TRO, their servants and agents were restrained from giving any effect to and/or taking any steps whatsoever in pursuance of the said certificate cases and the said notice for settlement of sale proclamation. The TRO was farther restrained from realising the disputed amounts of tax in respect of the said assessment years during the pendency of this application.

( 2 ) FOR the assessment year 1967-68, the petitioner in its business of manufacture of mustard oil, disclosed the gross profits in its trading account showing a return of 2. 60%. The