Judgment

KAPUR, J. : These appeals pursuant to a certificate of High Court of Bombay raise the question of interpretation of S. 24B of the Income-tax Act in an Income-tax Reference. The question referred was answered in the negative and against the Commissioner of Income-tax who is the appellant in these appeals, the respondents being the heirs and legal representatives of one Amarchand N. Shroff deceased. The appeal relate to the assessment Years 1950-51,1951-52, 1952-53,1953-54 and 1954-55.

2. Shortly stated the facts of the case are these; Amarchand N. Shroff, Mangaldas and Hiralal were partners in a firm of solicitors. Amarchand died on July 7, 1949. Thereafter the partnership was carried on by Mangaldas and Hiralal upto November 30 1949 and on December 1, 1949 Ramesh son of Amarchand who had by then qualified as a solicitor joined the firm as the third partner. After the death of Amarchand the arrangement between the various partners in regard to the realisations of the old outstanding was that in respect of the work done upto the death of Amarchand the realisations were to be divided amongst Amarchand Mangaklas and Hiralal in respect of the work between July 8, 1949 and Novembe