JUDGMENT

V. Bhargava, J. - The ten petitioners, who have filed this petition under Article 226 of the Constitution, were admittedly members of an association of persons known as the District Khand Kothiwal Association, Kasganj, which was formed under a scheme formulated by the Collector of Etah for distribution of khandsari sugar at controlled rates. The Association functioned between the 8th of January, 1947, and 6-1-1948. Certain profits were earned by the Association during this period.

The profits thus earned were shown as income in the individual account books of all the members of the Association. Out of the 30 members, 23 were assessed to Income Tax. Those members, whose income was taxable, were assessed to Income Tax even in respect of their share of profits earned by the Association and the tax levied was paid by them.

Subsequently, on 1-3-1952, the Income Tax Officer assessed the income of the Association for the two assessment years 1947-48 and 1948-49 at Rs. 70,000/- and Rs. 50,000/- respectively in the hands of the Association. The President of the Association filed an appeal which was ultimately allowed by the Income Tax Appellate Tribunal, Delhi, and the assessments wer