K.S. HEGDE, J.

(1) THIS appeal certificate has been brought by G. 1. T., Lucknow and Another. The respondent is one K. S. Rashid. He is exparte.

(2) THE said K. S. Rashid is one of the partners in a firm M/s. K.S. Rashid and Sons. He held one-third shares in that firm. For the assessment year 1947-1948, the relevant accounting year being 1946-1947, he was assessed on 15/11/1949. The L. T. O. came to the conclusion that in the concerned assessment year, he had incurred a loss of Rs. 25,056.00. There-after the Income Tax Investigation Commission reported that the firms case (Rashid and Sons) had been under-assessed for many years including the assessment year 1947-1948. In pursuance of that report, fresh assessment was made on that firm on 30/05/1951. This court declared the provisions of S. 5(1) and 5(4) of the Investigation Commission Act to be ultra vires. In view of that decision the re-assessment made in the year 1951 was cancelled. But fresh proceedings were started under S. 34 of the Indian Income-tax Act, 1922. On 31/01/1956, the Income-tax Officer, Delhi, reassessed the income of the firm at Rs. 6,24,833.00. The petitioners share in the income for