Law:

Section:

Income-tax Act, 1922 -- Section 3, 4, 66(1) -- Accrual of Income -- Amount received in 1947 but allocated for the first time in the balance sheet of 1954 as revenue receipt -- Whether amount assessable as income in 1954 -- Held yes -- Reference to High Court -- Question of law or fact -- Question whether amount in question constituted revenue receipt -- Whether a question of fact -- Held yes -- Reference to High Court -- Question of law arising out of Tribunal's order -- Question of limitation neither raised before Appellate Tribunal in appeal nor specifically agitated in reference application to High Court -- Whether can be said to arise out of Tribunal's order -- Held no -- Reference to High Court -- Question of law -- Whether only question having some substance and not every question of law is referable to the High Court -- Held yes -- JUDGMENT The judgment of the Court was delivered by WAHIDUDDIN AHMAD J.--- This appeal by special leave is directed against the order of the High Court of East Pakistan in Income-tax Application No. 4 of 1964 dated the 16th August, 1965. By this order, the High Court of East Pakistan held that no question of law arises out of the order of the Income-tax Appellate Tribunal and no interference with the impugned order was called for. Briefly, the facts leading to this appeal are that the appellant is a Sterling Company having its head office in London and carrying on business of growing, manufacturing and sale of tea in the District of Sylhet. It was treated for Income-tax purposes as resident in Pakistan as its income in Pakistan had exceeded the income outside Pakistan. The assessment year in the dispute is 1955-56 for which the corresponding account year is 31st December, 1954. The Income-tax Officer, Companies Circle II, Chittagong, completed the assessment for the year 1955-56 on the 30th June, 1960. While computing the total income, the Income-tax Officer assessed the amount of pound 12,874 equivalent to Pakistan Rs.1,71,660 which formed part of the amount of pound 90,254 received from the Government of India from time to time upto 1947 as compensation for acquisition of a part of the Tea Estate during the World War II,…

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