!n order to appreciate the scope ot the reference, it is necessary to iefer to the facts which gave rise to the questions. Rangalal Jajodia (hereinafter referred to as the deceased) filed income.tax returns for the year 1942-43 and 1943-44 as well c as his excess profits tax returns ,for the corresponding chargeable accounting periods ending 31 December, 1941 and 31 December, 1942 before. the Income-tax Officer, Excess Profits Tax Officer, Madras, Special South Circle. On receipt of the returns, the officer issued the requisite statutory notices to the assessee for production of accounts and also other evidence in support Of the returns under sections 22(4) and 23(2) of the Act and D under the corresponding provisions of section 30 of the Excess' Profits Tax Act, 1940. Rangalal Jajodia complied with the aioresaid noiice. But before the assessment to the income-tax and excess profits tax could be made Ran gala! J a jodia died on 11 January, 1946.