This is a reference under Section 66 (2) of the Indian Income-tax Act.
Mr. Gopi Nath Kunzru informs us that he has no instructions from his client. We have, however, heard the learned Advocate-General and have carefully examined the statement of the case which has been presented to us by the Commissioner of Income-tax. Although we have not had the benefit of any arguments on behalf of the assessee, we are clearly of opinion that the view taken by the Commissioner in respect to all the three questions which he has referred to this Court is correct. We are in agreement with his reasoning and we accordingly answer those questions in the affirmative.
The assessee will pay the costs of this reference and we fix the Advocate-Generals fee at Rs. 150. A copy of our judgment under the signature of the Registrar and the seal of the Court will be sent to the Commissioner of Income-tax.
Reference answered in affiramative