- (1.) This is a reference by the Calcutta Bench of the Income-tax Appellate Tribunal of eight question of law, two of which they referred under Section 66(1) of the India Income-tax Act and six of which they were subsequently directed by this Court to refer under Section 66(2). The reference has been made at the instance of the Assessee, The info-Burma Petroleum Company Ltd., Calcutta, and concerns the assessment that company to income-tax for the assessment years 1940-41 1941-42, and 1942-43 and to super-tax for the chargeable accounting periods, September 1" 1939' to December 31, 1939, January 1940 to December 31, 1940 and January 1, 1941 to December 3 1941. Six assessments are thus involved, but as the question raised with regard to them are common, they have been consolidated.
(2.) The facts as found by the Tribunal and about which the does not appear to have been any dispute, are as follows: The company is incorporated in Burma, is controlled a managed from there and has its registered office at Rangoon. I business consists in raising crude oil from the earth, refining the same into various products such as engine oil, kerosene and petrol and selling the finished commodities for profit. The manufacturing operations and all other operations necessary; make the products marketable take place in Burma and 95 per cent, of the fixed capital of the company is located in the country. Sales of the refined products take place at version places, including India. Only about 5 per cent, of the fixed capital of the company is located here, but the proportion sales made in India to world sales was 78.35 in 1939, 78.35 in 1940 and 79.58 in 1941.
(3.) As the relevant assessment years all belong to the period prior to the Partition, references to India must be understood as references to British India, as it was.;