The following questions have been referred to us in each of these cases, for our opinion, by the Income-tax Appellate Tribunal, 'A' Bench, Calcutta (1) Whether, on the facts and in the circumstances of the case, the remunerations received by the assessee from Messrs. Eastern Tea Estates (P.) Ltd., in the relevant years of account, are assessable under section 10 of the Indian Income-tax Act, 1922?

(2) Whether, on the facts and in the circumstances of the case, the initiation of the proceedings in reassessment under section 34(1)(a) for the assessment years 1955-56 and 1956-57 was legally valid?

As the questions referred to us are common to both cases and as the facts and circumstances to be considered are, more or less, similar, we have heard the references together and propose to dispose them of together by a common order

Before we consider the questions referred to us, it would be necessary to set out the relevant facts of the cases which are beyond controversy. The assessees concerned in these two references are joint managing directors of Messrs. Eastern Tea Estates (P.) Ltd., a private limited company, incorporated under the Companies Act, hereinafter referred to