CHOPRA, J.

1. The following question of law has been referred by the Income-tax Appellate Tribunal for decision of this court under section 66(1) of the Indian Income-tax Act :

Whether, on the facts and in the circumstances of this case, the revised assessment was unsustainable on the ground that the second notice of February 8, 1954, under sub-section (1) of section 34, was issued while the proceedings which had commenced with the issue of the first such notice of May, 1953, were yet pending and had not been completed ?

2. The facts which gave rise to the reference are these : Messrs. Atma Ram Bindra Ban, the assessee, is a Hindu undivided family and the assessment in question was revised assessment for the year 1947-48, made in terms of section 34 of the Indian Income-tax Act. The original assessment for this year was made on August 8, 1951. Subsequently, on the examination of the books of the assessee in certain other proceedings it transpired that certain cash credits amounting to Rs. 37,880 entered in the assessees personal account had escaped consideration in the original assessment. A notice under sub-section (1) of section 34 of the Income-tax Act was issued. Some t