Ramaswami, J.

1. In this case the assessee is a partnership firm constituted under a deed of partnership dated 15-9-1944. The partners were Renu Bala Devi and Ratilal Manishankar Dave each having eight annas share. The object of the partnership was to carry on the business of coal mining and to deal in coal and coke. One of the clauses of the partnership deed was that neither of the partners should mortgage or charge his share in the assets or profits of the firm without the consent of the other partner. Later on, on 23-11-1945, there was another deed of partnership executed as between Ratilal Manishankar Dave and five other persons who were Deochand A. Mehta, Raja Khengarji, Shamji Mandan, Mulji Goabhai and Talewar Ram. By this document, it was agreed that eight annas share in the profits of the first partnership would be divided between the six partners who are mentioned in the second partnership deed. It was agreed that Ratilal Manishankar Dave would get two annas share and Deochand A. Mehta would get another two annas share, and the other four partners would be granted a share of one anna each. We are concerned in this case with the four assessment years, 1945-46, 1946-