JUDGMENT

SABYASACHI MUKHARJI, J. :— This appeal by special leave is from the judgment and order of the Allahabad High Court dated 21st May, 1971 in Income-tax Reference No. 44 of 1965 (reported in 1971 Tax LR 1414).

2. This reference arose in respect of the assessment year 1962-63. One Prem Shankar was a partner in three partnership firms namely (1) M/s. Hari Shankar Gauri Shankar, (2) M/s. Hari Shankar Gauri Shankar Rice and Dal Mill and (3) Shri Ram Mahadeo Mills. The said Prem Shankar died on or about 24th July, 1959 leaving his widow Smt. Saroj Agarwal who is the assessee in the present appeal. After the death of Prem Shankar, Smt. Saroj Agarwal, the assessee herein, joined the partnership in which her husband was a partner before his death. It is necessary, in view of the contentions raised in this appeal, to refer to the partnership deed between the deceased husband of the assessee and his partners. The deed was dated 30th July, 1957. It described the three partners - one being L. Hari Shankar and the others being L Gauri Shankar and the third being L Prem, Shankar, the deceased husband of the assessee.

3. On behalf of the assessee it was stressed before us as was apparent from