Dipak Kumar Sen, J. - (1.) This reference under Section 256(1) of the Income-tax Act, 1961, is at the instance of the Commissioner of Income-tax (Central), Calcutta. The assessment year involved is 1960-61, the relevant previous year being the calendar year 1959. The facts found or admitted are as follows : The assessee, Messrs. Ram Kumar Agarwalla & Brothers, Calcutta, is a firm which originally consisted of six partners, viz., (1) Ram Kumar Agarwalla, (2) Monoharlal Agarwalla, (3) Ram Gopal Agarwalla, (4) Ram-anand Agarwalla, (5) Badriprasad Agarwalla, (6) Phulwati Devi, wife of Onkar Agarwalla (deed.). The partners had equal shares in the partnership and were governed by the partnership deed dated the 5th March, 1956.
(2.) The firm had been registered under the Income-tax Act up to and including the assessment year 1959-60.
(3.) For the assessment year 1960-61, an application was made on the 28th June, I960, by the firm for renewal of registration under Section 26A of the Indian Income-tax Act, 1922. This application was duly signed by the said six partners.;