DAYAK KISHAN MAHAJAN, J.

1. This order will dispose of Income-tax References Nos. 34-D of 1960 and 2-D of 1961. The first reference is in the matter of Sardar Daljit Singh and the second in the matter of Sardar Bhagwant Singh. The assessee in the first reference is an individual and the assessee in the second reference is a Hindu undivided family whose karta is Sardar Bhagwant Singh. One of the questions that has been referred to this court under section 66(1) of the Income-tax Act, 1922 (XI of 1922), by the Income-tax Appellate Tribunal, Delhi, is common to both the references. That question is the only question in the first reference and is the third question in the second reference. The other two questions in the second reference are in these term :

"(1) Whether on the facts and in the circumstances of the case, the property at No. 7, Prithviraj Road, New delhi, èvalued at Rs. 1,40,000 and given to S. Bhagwant Singh by his father on the partition of the family belonged to S. Bhagwant Singh in his individual capacity?

(2) Whether on the facts and in the circumstances of the case, the share of S. Bhagwant Singh in the profits of the firms styled M/s. Sir Sobha Singh & Co.