Law: Income Tax Act, 1922

Section: 66,66(1)

(a) Income-tax Act (XI of 1922),-----S. 66(1)-Reference ­Question whether amount in question constituted revenue receipt ­Question of fact-Leave refused by Supreme Court to consider question. (b) Income-tax Act (XI of 1922), ------ ------S. 66(1)-Reference­ Limitation-Question of limitation not being raised before Tribunal nor even specifically raised in petition for making reference to High Court- Tribunal's order refusing reference to High Court, held, did not give rise to question of limitation so as to be considered by Supreme Court. (c) Income-tax-Assessment-Amount received in 1947 but allocated for first time in balance-sheet of 1954 as revenue receipt­ Income-tax Officer, held, perfectly justified in treating it as income in 1954 and assessing it on that basis. (d) Income-tax Act (XI of 1922), ------- -------S. 66(1)-Reference-Every question of law need not be referred to High Court-Only. question having some substance need be so referred. JUDGMENT 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 has exceeded the income outside Pakistan. The assessment year 'in the dispute is 1955-56 for which the corresponding accounting year .is 31st December 1954. The Income7tax Officer, Companies Circle II, Chittagong, completed the assessment for the assessment year 1955-56 on the 30th June 1960: While computing-the total income, the Income­ tax Officer assessed the amount of £ 12,874 equivalent to Pak. Rs. 1,71,660 which formed part of the amount of £ 90,254 received from the Government of India from time to time up to 1947 as compensation…

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