Raj Kishore Prasad, J.

1. These three references are under Sec. 66 (2) of the Indian Income-tax Act, 1922 "(11 of 1922), end, as a common question of law arises in each of these three cases, which are in respect of different years of assessment, they have been heard together.

2. On the requisition of the High Court under Sec. 66 (2) of the Act, the Income-tax Appellate Tribunal has stated a combined case in all the three cases and referred it to the High Court to determine the common question of law raised thereby.

3. The question of law raised in these cases raises the validity of assessment of a certain sum of money, the amount of which varies in each case, to income-tax in the hands of the assesses under Sec.34 of the Income-tax Act.

4. In M. J, C. No, 653, the assessment year is 1944-45 and the corresponding accounting year is 1999-2000 Sambat Diwali year ending on the 2nd July, 1943. The original estimate was made by the Income-tax Officer on the 15th June, 1943, under Sec.23 (31 of the Act, on a sum of Rs 93,887, which was reduced on appeal by the Appellate Assistant Commissioner to Rs. 91,887. Subsequently, the Income-tax Officer came to know certain facts, which wil