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Interpretation of partnership deed in determining share income assessment. Analysis: The case involved a dispute regarding the assessment of share income from a partnership firm in the hands of the widow of a deceased partner. The key issue was whether the widow should be assessed on her entire share income or only on a fraction of it. The Tribunal had held that the widow could be assessed only with reference to her 1/7th share in the firm, as she was representing all the heirs of her deceased husband. The widow contended that she should only be assessed on her 1/7th share in the estate, as per the Hindu Succession Act. The partnership deed indicated that the widow had been taken as a partner in place of her deceased husband, with no mention of other heirs being entitled to the income from the partnership. The court noted that there was no evidence to show that the widow entered into the partnership on behalf of the other heirs. The court emphasized that the widow's share income should be taxed only in her hands unless there was proof of her representing the estate or other heirs in the partnership. The court distinguished a previous case involving Muslim law heirs, where an overriding title existed due to specific provisions in the partnership deed. In the present case, the partnership deed did not provide for any other person to be entitled to the income from the partnership besides the widow. Therefore, the court held that the decision in the previous case was not applicable to the facts of the current case. Ultimately, the court answered the referred question in the negative and in favor of the revenue, stating that the widow would have to be assessed with reference to her entire share income. The Commissioner was awarded costs, and the widow's counsel was granted a fee of Rs. 500.
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