On the application of the Commissioner of Income tax, Central 655 Bombay under section 66(1) of the Indian Income tax Act, 1922, the Tribunal by its order dated March 4, 1955 referred the following question of law to the Bombay High Court: "Whether the assessee Company is liable to pay tax in the taxable territories on the ground that the sale proceeds, which included the profit element therein, were received in the taxable territories ?" In its order dated March 4, 1955, the Tribunal referred to the decision of this Court in Commissioner of Income tax vs Kirloskar Bros. Ltd.(1) decided on April 19, 1954, and stated that on the facts of the case, a contention might arise that the assessee had requested the Government to send the cheque by post and the post office as the agent of the assessee, had received the cheques in British India, but the Tribunal pointed out that this contention had not been raised before it.