Kanhaiya Singh, J.

1. This is a reference under Sec. 66 (1) of the Income-tax Act by the Income-tax Appellate Tribunal, Patna Branch, asking the opinion of this Court upon the following question :

"Whether in the re-assessment made by the Income-tax Officer in pursuance of the order of the Appellate Assistant Commissioner dated 27-6-1950, he was competent, to include the sum of Rs. 64,000 or any portion thereof, in the total income of the family ?

2. The assessee Bishwanath Prasad Bhagwat Prasad, Siwan, was assessed to income-tax for the assessment year 1946-47 corresponding to the accounting year October, 1944 to October 1945. Bishwanath Prasad and Bhagwat Prasad, sons of Phagoolal, constitute along with their sons a joint Hindu family. Phagoolal, and his two brothers, Ganeshlal and Bhagilal were at one time members of a joint Hindu family. Phagoolal separated from his two brothers long before 1944. The assessee family had acquired a half share in the firm of Bihar Ginning Factory and Oil Mills, Siwan, for Rs. 64,000 during the accounting year. Then, the firms books showed net cash credit of Rs. 18,730 in favour of the assessee. In the course of the original assessment for