Judgment

RAMASWAMI, J. : This appeal brought, by special leave, from the judgment of the Mysore High Court, dated March 20 1962 dismissing writ petition No. 109 of 1960. The appellants had prayed therein for the grant of writ for quashing a notice dated January 16, 1960 issued by the respondent under S. 15 of the Excess Profits Tax Act, 1940 (Act XV of 1940), hereinafter called the Act , calling upon the appellants to submit a return of the standard profits and the profits actually made during the chargeable accounting period from October 30, 1943 to October 30, 1944 on the ground that the profits had been under-assessed.

2. The appellants carried on a business constituting themselves into a partnership called "Guduthur Thimmappa and Brothers" in 1934. On the date of commencement of the business the partners were G. Thimmappa, G. Ekambarappa and G. Padmanabhan, each of the partners representing their respective joint families. The business of the firm was in Bellary town and the partners of the firm were residents of Bellary town during the period the firm was carrying on business. The firm was dissolved on October 16, 1944. Thimmappa, one of the partners, died on April 13, 1955. Fo