J.V.Gupta, J.

1. This judgment will dispose of Income-tax References Nos. 77 and 78 of 1976, as both of them arise out of the same order of the Tribunal.

2. At the instance of the revenue, the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar, has referred the following two questions of law for the opinion of this court:

"1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in accepting the claim of the assessee for partial partition ?

2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in deleting the addition of Rs. 6,300 made to the income of the assessee-HUF for the assessment year 1970-71 ? "

3. Shri Narain Das Wadhwa, constituted an HUF along with his son, wife and two unmarried daughters. He died on 19th January, 1964. After his death, his son, Krishan Lal Wadhwa, as karta of the assessee-HUF, constituted by him, his mother and two sisters, was a partner in the firm known as M/s. Paxit Containers. On 15th May, 1969, there was a partial partition in respect of the amount of Rs. 60,000 which stood invest- ed by the assessee-HUF in the said firm. The division of this amount amongst th