Judgment

P. N. BHAGWATI, J. - These appeals by special leave are directed against and order passed by the High Court declining to make a reference under S. 66, sub-s. (2) of the Indian Income-tax, Act, 1922. The assessee who is the appellant before us applied to the High Court after rejection of his application by the Tribunal that certain questions of law stated to arise out of the order of the Tribunal may be referred to the High Court. The questions of law which were said to arise out of the order of the Tribunal related to the inclusion of interest on two fixed deposit receipts of Rs. one lakh each which stood in the name of the wife of Mathura Prasad, the Karta and manager of the H.U.F. of the assessee. The revenue authorities came to the conclusion that though these fixed deposit receipts stood in the name of the wife of Mathura Prasad, they represented the assets of the assessee and hence the income from the fixed deposit receipts should have been included in the returns of the assessee for the assessment years 1955-56 to 1958-59, but the assessee had concealed this income and not shown it in its returns and thus rendered itself liable to penalty under S. 28 (1) -(C) of the A