Sabyasachi Mukharji, J. - (1.) In this reference under Section 256(2) of the I.T. Act, 1961, the following questions have been referred to this court as directed by this court : "1. Whether, on the facts and in the circumstances of the case, the imposition of additional super-tax under Section 23A of the Indian Income-tax Act, 1922, for the assessment year 1961-62 was justified in law ?
(2.) Whether, on the facts and in the circumstances of the case, the sum of Rs. 3,30,000 assessed as income from undisclosed sources in the hands of the assessee-company for the assessment year 1961-62 constituted its commercial profits available for distribution as dividend ?
(3.) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the liability of the penalties imposed under Sections 271(1)(a) and 221(1) of the Income-tax Act, 1961, for the assessment year 1961-62 on the assessee-company should not be taken into consideration in determining the reasonableness of the distribution of any dividend ?;