mitra a. s. nambiar r. n. sachthey and b. d. sharma for the appellant.
civil appellate jurisdiction civil appeal number 2272 of 1966 appeal from the judgment and order dated january 6 1966 of calcutta high companyrt in income tax reference number 211 of 1961.
there was a reconstitution of the firm with effect from july 2 19.54 as evidenced by the partnership deed dated july 5 1954.
that finding was number open to question before the high companyrt number did the high companyrt depart from that finding.
out of his four sons three were minumbers at that time.
the major son had 2 annas share.
the assessee took up the matter in appeal to the income tax appellate tribunal.
his three minumber brothers were admitted to the benefits of the partnership each one of them having 2 annas share.
he continued to be a partner of that firm till july 1 1954 which was the last date of the accounting year of the firm relevant for the assessment year 1955 56.
thereafter he gifted to each of his four sons rs.
in appeal the appellate assistant companymissioner substantially upheld the order of assessment made by the income tax officer but he held that the 2supe cl/7c 6 minumbers were entitled to only 1 9 pies share in the firm.
in the assessment year 1956 57 the income tax officer held that the income arising to the minumbers by virtue of their admission to the benefits of the partnership came within the purview of s. 16 3 a iv of the act.
he included that income in the total income of the assessee for that year.
the major son of the assessee became a partner of the reconstituted firm and his minumber sons were admitted to the benefits of that partnership in the reconstituted firm.
on july 1 1954 the assessee retired from the firm.
the facts necessary for the purpose of deciding the point in dispute as set out in the statement of the case submitted by the tribunal are as follows the assessee shri ajitmal parekh was a partner of the firma m s. ajitmal kanhaiyalal having annas share therein.
75000/ .
