( 1 ) THESE appeals by the Revenue arise upon the judgement dated 29-5-1985 of the Delhi High Court answering two sets of references made to it under Section 256 (2) of the Income Tax Act, 1961 against the Revenue. Both sets of questions relate to Assessment Year 1962-63. The first set of questions relate to the assessees quantum appeals; the other set relate to the consequential penalty proceedings. The questions read thus : In ITC No. 29 of 1973

" (1) Whether there was any evidence before the Tribunal to justify the finding that profit of Rs. 2,10,000. 00 made by Raisina Cold Storage and Ice Co. Limited was the assessees income? I (2) Whether there was any evidence before the Tribunal to justify the finding that the payment of Rs. 41. 039. 67/- made to surjit Singh, Sham Singh and Rajinder singh was the assessees income and was rightly taxed as such in its hands? (3) Whether there was any evidence before the Tribunal to justify the finding that the sum of Rs. 3,78,329. 00 was the income of the assessee liable to tax as such? (4) Whether, in any view of the matter, the sum of Rs. 3,78,329. 00 was the assessees income during the relevant year ending on 31-10-1960? (5) Whether there