Judgment

RAMASWAMI, J.-This appeal is brought by a certificate on behalf of the Commissioner of Income-tax from the judgment of the Calcutta High Court, dated 12th September, 1963 in Income-tax Reference No. 81 of 1960.

2. The assessee Kamal Singh Rampuria was born in December, 1935. His mother died within a week after his birth. Before her death she had executed a will by which she disposed of Rs. 5,00,000 received by her as a gift previously from her husband Hulash Chand Rampuria. She bequeathed by this will Rs. 1,00,000 to her daughter, Rs. 1,00,000 made up of various sums to charities and the balance of Rs. 3,00,000 was bequeathed to her son Kamal Singh Rampuria. This sum of Rs. 3,00,000 was invested by the assessee in the firm of M/s. Hazarimal Hiralal and earned interest. Besides, the assessee s mother bequeathed to the assessee 1/6th share held by her in M/s. Bikaner Trading Company. The assessee a minor was admitted to the benefits of the partnership in respect of the said share. In the several returns made during his minority by his father Hulash Chand Rampuria, the income from the firm was shown in the son s account till the year 1944-45. The interest payments to the assess