DALJIT SINGH Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS order will dispose of Income-tax References Nos. 34-D of 1960 and 2-D of 1961. The first reference is in the matter of Sardar Daljit Singh and the second in the matter of Sardar Bhagwant Singh. The assessee in the first reference is an individual and the assessee in the second reference is a Hindu undivided family whose karta is Sardar Bhagwant Singh. One of the questions that has been referred to this court under section 66(1) of the Income-tax Act, 1922 (XI of 1922), by the Income-tax Appellate Tribunal, Delhi, is common to both the references. That question is the only question in the first reference and is the third question in the second reference. The other two questions in the second reference are in these term :

(2.) THE only matter now left for determination is the first question in the first reference which is the third question in the second reference. It will be, therefore, proper to briefly set out the facts in both these references wherein the question has been referred for our decision. THE facts in both the references are common and so far as they are necessary for our purposes are given belo :