Dipak Kumar Sen, J. -
(1.)In this reference under Section 256(2) of the Income-tax Act, 1961, at the instance of the assessee, viz., Messrs. Sun Engineering Works (P.) Ltd., the assessment years involved are 1960-61 and 1961-62. The facts which have been found or are admitted may be shortly stated as follows: For the assessment year 1960-61, the assessee filed its return of income on the 17th November, 1962, showing a loss of Rs. 36,418. Similarly, for the assessment year 1961-62, the return of its income was filed on the 4th October, 1961, again declaring a loss of Rs. 24,314. The assessment proceedings were disposed of by the Income-tax Officer concerned on the 12th December, 1962, in the following manner : For the assessment year 1960-61 an order was made in the following language: "The loss return filed on 17th November, 1960, is discussed with the A/R Sri A.B. Chowdhury. The return filed is beyond time. No action is necessary ; filed N.D."
(2.)For the assessment year 1961-62 the order recorded was as follows : "V.O.S. for 1962-63. The return filed on 4th January, 1962, is discussed with Sri A.B. Chowdhury. The loss return is beyond time. Filed as N.D."
(3.)On the same day the Income-tax Officer concerned addressed a letter to the princial officer of the assessee as follows :
"sub : Assessment years 1960-61 and 1961-62. With reference to above and your authorised representative's discussion with me I am to inform you that the loss returns submitted beyond time for the assessment years under reference being invalid, no action on them is necessary. Hence, the proceedings for both these years are filed."