R. K. Manisana, J - This is a reference under section 256 (1) by the Tribunal at the instance of the Commissioner of Income Tax.

2. Facts,-Pradip Kumar Sikaria is a minor son of the assessee, and the minor has been admitted to the benefits of partnership of two firms, namely, M/s Ashok Kumar Pradip Kumar and M/s Bipin Trading Company. The profits of the firms falling to the share of the minor mere with the firms. The firms paid interest to the minor. The Appellate Assistant Commissioner has held that the interest was not includible under section 64 (1) (iii) of the Income-tax Act, 1961 as it was on deposit. The Income Tax Appellate Tribunal confirmed the decision of the Appellate Assistant Commissioner relying on an earlier decision of the same Tribunal made in IT A No 198 (Gau) as of 1979. Therefore, at the request of the Commissioner of Income Tax, the Tribunal has referred the following questions for the opinion of this Court.

"(i) Whether on the facts and in the circumstances of the case and having regard to the terms of the relevant partnership deed and on proper construction of section 64 (i) (iii) the interest paid by the firm to the minor sons or the amounts credited in their

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