At the instance of the appellant a case was stated to the High Court of Bombay on the following two questions of law : (1) " Whether the Income tax Officer had jurisdiction to assess the assessee firm under the Business Profits Tax Act by issue of a notice under Section 11 (1) of the Business Profits Tax Act on 12 1 1953 in respect of the chargeable accounting period 13 11 1947 to 31 10 1948 without having recourse to Section 14 of the Business Profits Tax Act ? (2) If the answer to Question No. 1 is in the negative whether the B. P. T. assessment could be considered to have been validly made ? " 991 The High Court modified the first question by deleting the words "without having recourse to Section 14 of the Business Profits Tax Act " and answered both the questions in the negative.