JUDGMENT

MULLA, J. - By an order dated February 16, 1934, passed by a bench of this Court the Commissioner of Income Tax was directed under the provision of section 66 (3) of the Indian Income Tax Act to state a case on certain questions, the Commissioner having refused to state the same on the application of the assessee u/s 66 (1). The questions formulated by this Court are :-

(1) Whether the payments made by M. K. Khanna from November 16, 1923, to September 9, 1927, were rightly taken into account in making the assessment for the year in question 1931-32 ?

(2) Whether in law the partition of the family was effected from the date of the decree or award, or from the year 1921 as held by the Assistant Commissioner of Income Tax ?

(3) Whether Rs. 44,611-9-9 realised from M. K. Khanna in Sambat 1980-81 is liable to Income Tax as the income or profit of the assessee, or is this sum exempt from Income Tax u/s 14 of the Income tax Act ?

(4) Whether on the facts found the assessee has concealed the particulars of his income or has deliberately furnished inaccurate particulars of his income and is, therefore, liable to penalty u/s 28 of the Income Tax Act ?

In order to answer the questions sati