1990 (11) TMI 7

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....on 66(1) of the Indian Income-tax Act, 1922, in relation to the assessment year 1959-60 in respect of which the relevant previous year as the Samvat Year 2014. A few facts may be stated just to clarify the real issue that has arisen in the case. Mohan Lal Daulat Ram and his son, Sevanti Lal, were partners under a deed of partnership dated November 12, 1953, under which the partners shared profits ....

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....ther this was a valid partnership and the question referred to the High Court was whether the partnership "which was allegedly brought into existence by the deed of December 26, 1955, wherein the other partner was Bai Chandanbai, the widow of Mohan Lal Daulat Ram, as representing the family of the deceased Mohan Lal Daulat Ram, could be said to be a valid partnership brought into existence or not"....

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....the High Court to the reference has been coloured by misapprehension. As we pointed out at the very outset, there is no dispute that Mohan Lal Daulat Ram was a partner in his individual capacity in the firm. On his death, his interest in the partnership devolved on his widow, Bai Chandanbai, and his son, Sevantilal. After the death of Mohan Lal Daulat Ram, his widow, Bai Chandanbai, and the son, S....