DIPAK KUMAR SEN, J.

( 1 ) IN this reference under Section 256 (2) of the Income-tax Act, 1961, at the instance of the assessee, viz. , Messrs. Sun Engineering Works (P.) Ltd. , the assessment years involved are 1960-61 and 1961-62. The facts which have been found or are admitted may be shortly stated as follows: for the assessment year 1960-61, the assessee filed its return of income on the 17th November, 1962, showing a loss of Rs. 36,418. Similarly, for the assessment year 1961-62, the return of its income was filed on the 4th October, 1961, again declaring a loss of Rs. 24,314. The assessment proceedings were disposed of by the Income-tax Officer concerned on the 12th December, 1962, in the following manner : for the assessment year 1960-61 an order was made in the following language: "the loss return filed on 17th November, 1960, is discussed with the A/r Sri A. B. Chowdhury. The return filed is beyond time. No action is necessary ; filed N. D. "

( 2 ) FOR the assessment year 1961-62 the order recorded was as follows : "v. O. S. for 1962-63. The return filed on 4th January, 1962, is discussed with Sri A. B. Chowdhury. The loss return is beyond time. Filed as N. D. "

( 3 ) ON t

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