Shukla, J.

1. The Income Tax Appellate Tribunal, Indore Bench, has drawn up a statement of the case and referred to the High Court for decision the following questions of law :

"1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the income of the so-called HUF consisting of the assessee and his wife was liable to be assessed in the hands of Shri Shrivallabhdas, as an individual, and not in the hands of that HUF.

2. Whether the property which devolved on Shri Shrivallabhdas on the death of his father, Gokalchand, also constituted the HUF property consisting of his own branch including his sons.

2. Facts of the case, as stated by the Tribunal, are as follows : Assessment year in question is 1974-75. Assessee Shrivallabhdas Modani, originally represented his HUF, consisting of himself, his wife, sons and unmarried daughters (for reference "the bigger HUF"). In 1962 there was a partition of the family property between Shrivallabhdas Modani and his sons. After the said partition Shrivallabhdas Modani, his wife and unmarried daughters constituted an HUF, hereinafter described as "the smaller HUF". After partition in the year 1962 th