BAMASI B R Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a common judgment in respect of two income- tax references, being No. 47 of 1963 and No. 7 of 1964. The former relates to the asst. yr. 1946-47 and the latter relates to the asst. yr. 1947-48, the relevant corresponding accounting years being 1st April, 1945, to 31st March, 1946, and 1st April, 1946, to 31st March, 1947. In both the references the assessee is the same. Common points arise and, as a matter of fact, even the Tribunal has, when disposing of the second reference, disposed of the main point arising therein on the basis that the point has been dealt with and decided in the first reference.

(2.) IN the first and second references the Department sought to bring to tax Rs. 99,769 and Rs. 1,20,563, respectively, as being remittances from Iran, being a non-taxable territory, into INdia, being a taxable territory, under the provisions of s. 4(1)(b)(iii). The question arising is : Whether the amounts of those references or any part or parts thereof were liable to be so taxed.

(3.) THE questions referred to in the first reference, which is a reference under s. 66(2), are as follows :