B.C. BASAK, J.

1. THIS appeal arises out of a judgment and order passed by Mr. Justice Sabyasachi Mukharji on the 23rd of December, 1971 [Sandersons Morgans v. Income-tax Officer, 1973 87 ITR 270] in an application under article 226 of the Constitution of India. By the said judgment and order the writ petition was dismissed and the rule discharged.

The facts of this case have been set out in detail in the judgment appealed from and it is not necessary to set out all these facts herein. For the purpose of our decision herein it would be sufficient to set out only some of the material facts of this case.

2. THE appellant before us is a firm of solicitors. This is a partnership firm registered under the Indian Partnership Act. This firm has been continuously carrying on profession as solicitors for a number of years. Usually, from time to time, a partnership agreement was executed by and between these partners. We are concerned with the accounting year/previous year 1963, and assessment year 1964-65. In respect of this period there was an agreement of partnership in writing between seven persons which was executed on 17th day of July, 1961. As most of the arguments centred arou