- (1.)THE questions referred for our decision under Section 66 (2) of the Indian Income Tax Act, 1922, hereinafter referred to as the Act are: - -
1. Whether the Income Tax Tribunal was justified in law in refusing to entertain the additional ground of appeal urged by the Assessee regarding the correct rate of tax applicable or to be applied for the nine months' income considered in the assessment? 2. Whether the Assessee's income for nine months ended on 31 -3 -1950 could have been rightly assessed at the rate applicable for twelve months' income? 3. Whether there was any material available on record to support the Tribunal's conclusion that the Assessee's turnover for the year ended 31 -3 -1950 was Rs. 15,00,000/ -.

(2.)THE learned counsel on both sides were agreed that question No. 1 need not be answered as the said question is involved in Question No. 2 which was directed by this Court to be referred as it arises out of the order of the Tribunal. The learned counsel for the Assessee, Sri K. Srinivasan, did not press question No. 3 and he submitted that the same may be answered in favour of the Revenue.
The only question that requires to be answered is Question No. 2. In our opinion, the Judgment of the Supreme Court in Esthuri Aswanthiah Vs. Commissioner of Income Tax, Mysore, AIR 1968 SC 36 , furnishes a complete answer and the question has to be answered in favour of the assessee.

(3.)THE relevant facts so far as they are material for the purpose of answering question No. 2 as found in the statement of the case submitted by the Tribunal are as follows: - -
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