RAMANUJAM J.

The assessee in this case is firm called "Kishenlal Roopchand and company" its place of business being 27, Godown Street, Madras-1. It is engaged in cloth trade as also money-lending. The partners are Misrilal Lunia and Jayanthraj Lunia.

The assessee was originally assessed on a total income of Rs. 66, 209 for the assessment year 1951-52. Later, action under section 34(1)(a) of the Indian Income-tax Act, 1922, was taken on the basis that certain credit entries were found in the accounts of one Pattu Padmanabha Chetty in the name of Champalal Jayanthraj and Kishenlal Roopchand. Based on the credit entires the assessee's assessment was revised by adding Rs. 28, 211 to the income as originally assessed. The revised assessment was challenged in appeal before the Appellate Assistant Commissioner but without success. Thereafter, the assessee went in appeal to the Tribunal and the Tribunal sustained the addition to the extent of Rs. 10, 000 alone. At the instance of the assessee the following two questions have been referred to this court its opinion:

"(1) Whether, on the facts and circumstances of the case, the provisions of sectiom 34(1)(a) have been properly invok