K.S.HEGDE, J.

(1) THIS is an appeal by special leave from a decision of the Andhra Pradesh High court. The question of law referred to the High court under S. 66(1) of the Indian Income-tax Act, 1922 (to be hereinafter referred to as " the Act "), is : " Whether, on the facts and in the circumstances of the case, the amounts of Rs. 5,790.00 and Rs. 39,085.00 could be deemed to be the dividend income of the Hindu undivided family in the respective assessment years ?" The assessee in this case is a Hindu undivided family. From the case stated it is not possible to state definitely as to how many coparceners were there in that family. But, we gather from the case stated that the three of the members of that family, viz., Doraiswamy, Singaram and Sarathy, were shareholders in a private limited company by name " The Chittoor Motor Transport Co. (Private) Ltd." Doraiswamy and Singaram held 100 shares each in that company ; Sarathy held 2,797 shares. The tribunal found that these shares were acquired from out of the family .funds. It appears that in the account years relevant to the assessment years 1955-56 and 1956-57 the Chittoor Motor Transport Co. (Private) Ltd. advanced certai