1. The same question arising in the assessment years 1975-76, 1976-77 and 1977-78 has come up for the opinion of this court on a reference made under Sec. 256(1) of the Income-tax Act, 1961, at the instance of the Revenue giving rise to these three cases constituting this batch.

2. The question of law which has come to this court for its opinion is as follows :

" Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that Shree Annapurna Electric Co. and Shree Annapurna Udyog were separate firms and in excluding the income of Shree Annapurna Udyog which had been included in the income of Shree Annapurna Electric Co. ?"

3. Shree Annapurna Electric Company, Giridih ("the electric company", for short), is a partnership firm consisting of two partners, namely, Shri Uma Shankar Chhaperia and Shri Hari Shankar Chhaperia, having equal shares in the firm. In the course of assessment of this firm, the Assessing Officer discovered that the same persons were running another partnership firm under the name and style of Annapurna, Udyog ("the Udyog", for short) which was carrying on trade and business in mica. The partners in the two