(1.) The following question arises for determination by this court in this reference :
(2.) We ought to point out that this question has been referred at the instance of the revenue. There is another reference arising out of another application made by the assessee. A separate paper book has been filed in respect of the same and by our order we have directed the same to appear as a separate reference. We are concerned in this reference with only the question referred to above.
(3.) The facts admitted and/or not disputed are as follows : There is an Act called the Super Profits Tax Act, 1963, which received the assent of the President on the 4th May, 1963. The relevant provisions of the said Act are as follows : Section 4 :