Judgment

HEGDE, J.- This is an appeal by certificate. It arises from a decision of the Allahabad High Court. The appellant is the assessee and the concerned assessment year is 1948-49.

2. The assessee is a firm constituted under an Instrument of partnership dated April 30, 1947. The shares of the partners in the profit and loss of the firm as mentioned in that deed are as follows:

1. L. Khanjan Lal -/4/-

2. L. Lalloo Ram -/2/-

3. L. Dwarka Prasad -/2/-

4. L. Ram Lal -/2/-

5. L. Sewak Ram -/4/-

6. Smt. Jagrani Devi -/2/-

3. Lallu Ram, Dwarka Prasad and Ram Lal are the children of Khanjan Lal. Sewak Ram is the son of Jagrani Devi. The first group has -/10/- share in the profit and loss of the firm and the second group has -/6/- share.

4. The assessee firm was registered for the assessment year 1947-48. On July 12, 1949, the partners of the firm applied to the Income-tax Officer for renewal of the registration for the assessment year 1948-49. That application was signed by all the partners. To that application they appended a certificate to the effect that "profits of the previous year were divided or credited as shown below... On November 5, 1949, the partnership was dissolved under a d