C.S.P. Singh, J.

1. THIS reference relates to the assessment years 1957-58 to 1971-72. The questions referred are :

"Whether, in the circumstances of the case and on the finding of the High Court in Criminal Appeal No. 753 of 1960 (Sabir Ali Khan v. State of U.P.) that the property of depositors was obtained by the accused by fraud, the Tribunal was right in treating the property as the property of the company, viz., Rampur Bankers Ltd., and assessed as such ?

2. Whether the District Magistrate was or could be deemed to be a representative of the Rampur Bankers Ltd. in the circumstances of the case ?

3. Whether the District Magistrate while acting under orders of the High Court under Section 517, Cr. P.C. (present section 452 of the Code of Criminal Procedure, 1974) acts as representative of the company ?

4. Whether the District Magistrate, in the absence of any orders under the Indian Companies Act or of any Civil Court, be deemed to be an officer, representative or receiver of Rampur Bankers Ltd. ?

5. Whether the assets out of which the income arose could be deemed to be the assets of the Rampur Bankers Ltd ?"

2. THE scope of the questions overlap; as such, it is necessary to