DAULATPUR JUTE MILLS LTD. Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) The Rules Nisi issued in these two petitions have been heard one after another, and as common questions of fact and law were involved in them, they are now disposed of under one judgment.

(2.) Petitioner in Petition No 527 in Daulatpur Jute Mills Limited, Khulna and the "chargeable accounting period" in respect of which the impugned tax under the Business Profits Tax has been levied is 1.7.54 to 30.6.55. A notice was issued upon the petitioner under section 11 of the Business Profits Tax Act, 1947 (Act No XXI of 1947), hereinafter called the Act, on 26.6.62 and on the same day an order of assessment was made. The petitioner having felt aggrieved by the order went up to the Income Tax Tribunal, Dacca Branch, Dacca on appeal and the Tribunal having held that the impugned order of assessment had been made beyond the period of limitation, allowed the appeal on 13.12.63 and set aside the order of assessment.

(3.) Petitioner in Petition No 530 is M/s Company Ltd. Kushtia and the "chargeable accounting periods" are (1) 1.7.54 to 30.6.55 and (2) 1.7.55 to 30.6.56 in respect of which the petitioner was assessed to tax under the Act on 30.5.61 and 20.6.62 respectively. The notices under section 11 of the Act that preceded the impugned orders of assessment are dated the 31.5.61 and 20.6.62 respectively. On appeal by the petitioner the Income Tax Appellate Tribunal, Dacca Branch, Dacca, by its order dated 20.12.62 allowed the appeal and set aside the two impugned orders of assessment dated 31.5.61 and 30.6.62.