KAPUR, J.

1. A Division Bench of this Court has in view of the difference of opinion between various Courts including different Benches of this Court referred the first question which has been stated to the High Court for opinion. The question referred by the Income-tax Appellate Tribunal is :

"(i) Whether a reference to the High Court is competent on the point indicated in the question following, which was not raised before or considered by the Tribunal ?"

2. It arises in the following circumstances. Nanak Chand Malik was a Government servant. After retiring from Government service in June, 1946, he started a business in the name and style of Mash Trading Company for purchasing and selling of goods from the Disposals Department and from other sources. The previous year in the present case is from the 1st of July, 1946, to the 30th of June, 1947. He filed a return showing a profit of Rs. 6,184. It is claimed that the accounts were found to be correct and in order but three items stated to be from undisclosed sources were taken into the revenue account by the Income-tax Officer. The items were

1. Rs. 40,000 found to be in fixed deposit on the 16th of July, 1946, in the name