Law:

Section:

JUDGMENT Banerjee, J.- The following questions of law have been referred to us for opinion : "(1) Whether, on the facts and in the circumstances of this case, the amount of Rs. 3,43,138 received by the assessee was derived from a source or category of transaction mentioned in item 5(g) of the Schedule to the Agreement for the Avoidance of Double Taxation of Income between India and Pakistan ? " (2) If the answer to the above question be in the negative, then whether the aforesaid sum fell under item 9 of the Schedule to the aforesaid Agreement.?" The circumstances under which the aforesaid two questions come up for out consideration are hereinafter stated in brief. The assessee, Bengal River Service Company Limited, was, at the material time, carrying on the business of plying of river boats. The assessment year with which we are concerned in this reference is 1947-48, corresponding to the calendar year 1946, which is the accounting year. At a period of time when there had been no partition of India, certain vessels belonging to the assessee were requisitioned by the then Government of India " on charter basis ". It appears from the chart annexed to the statement of case that five vessels belonging to the assessee were requisitioned, in the year 1941, and seven other vessels were requisitioned in the year 1945. The first lot of 5 vessels were requisitioned in Calcutta and were all derequisitioned, also in Calcutta, in the year 1947. The other seven vessels were requisitioned at Narayangunj and were derequisitioned, also at Narayangunj, in the year 1947. We are, however, in this difficult position that we do not have the order of requisition on our records and we do not know under which particular provision of law the requisition had been made although we are inclined to think that such requisition may have been made under the provision of the Defence of India Rules, which were in operation at that time. Also, we do not have the document of charter party on our records and do not know the terms thereof. Normally, for requisition of property compensation is payable. We would have proceeded on the basis that the sum of money that was being paid to the assessee on…

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