Factual finding on source of partner's deposit controlled the tax issue, leaving section 40(b) inapplicable.

The question whether a firm's deposit was made by a Hindu undivided family or by the individual partner was treated as a pure question of fact, and the Tribunal's finding as final fact-finder was not interfered with. On that factual basis, the deposit was accepted as having been made by the Hindu undivided family, and section 40(b) of the Income-tax Act, 1961 was held inapplicable. No further legal determination on the referred question was reached because the factual conclusion was ative.

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Issues: Whether the deposit in the firm was made by the Hindu undivided family or by the individual partner, and whether section 40(b) of the Income-tax Act, 1961 applied.

Analysis: The question referred was treated as one of fact rather than law. The Tribunal was recognised as the final fact-finding authority, and no basis was found for the Court to interfere with its conclusion. In view of that factual determination, no decision on the legal question referred could be reached in the appeals.

Conclusion: The finding that the deposit was made by the Hindu undivided family was not disturbed, and section 40(b) was held inapplicable on that footing.

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