Mehrotra, J. - (1.) THE following income-tax and wealth-tax references shall stand disposed of by this judgment: 1. I.T.R. No. 35 of 1976 in relation to the assessment years 1963-64 and 1964-65. 2. I.T.R. No. 3 of 1977 in relation to the assessment year 1972-73. 3. I.T.R. No. 49 of 1978 in relation to the assessment year 1965-66. 4. I.T.R. No. 331 of 1978 in relation to the assessment years 1973-74, 1974-75 and 1975-76.
(2.) IN all the aforesaid income-tax references the common question of law, which has been referred to this court for opinion, is as follows: " Whether, on the facts and in the circumstances of the case, the finding of the Tribunal in regard to the income from the three properties in question that they were purchased by the assessee benami was justified in law ?" 5. W.T.R. No. 593 of 1977 in relation to the assessment years 1964-65, 1965-66, 1966-67, 1967-68 and 1968-69. The question of law, which has been referred to us for our opinion in this reference, is as follows : "Whether, on the facts and in the circumstances of the case, the finding of the Tribunal in regard to the three properties in question that they were purchased by the assessee benami was justified in law and could be included in the total wealth of the assessee ? " It will be seen that the question referred to us in the income-tax references is almost identical with that which has been referred to us in the wealth-tax reference and all the references are, therefore, bound to be answered in the same manner and not differently.
(3.) THE facts, in brief, are these. THE assessee is an individual. He is an excise contractor and derives his income from excise contract and house property. He also acted as a toddy contractor. In regard to his income from the house property and from the liquor contract business, his previous year ended on March 31. However, for the toddy contract business for the assessment year 1965-66, his previous year was from October 1, 1963, to September 30, 1964. During the assessment proceedings for the assessment year 1965-66 the ITO found that the assessee had purchased the following four properties. 1. A house in Mohalla Bhatan Tola, Shahjahanpur, purchased on 21-5-1962 for Rs. 8,500. It was purchased in the joint names of the asses- see's wife and his mother-in-law. 2. Four shops in Mohalla Khalil Gharvi, Shahjahanpur, purchased on 11-11-1963 for Rs. 5,500 in the joint names of the assessee's wife, his mother-in-law and his father-in-law. 3. A house in Mohalla Kachha Katra, Shahjahanpur, purchased in 1963 for Rs. 14,000 in the name of the assessee's father-in-law. 4. A house purchased on 2-4-1965 for Rs. 8,500 in the name of the assessee's wife. ;