COMMISSIONER OF INCOME TAX Vs. HARISH CHAND GOLCHA

JUDGEMENT

(1.) THIS is a reference at the instance of the Revenue under S. 256(1) of the INCOME TAX ACT, 1961, (for short, " the Act ") to decide the follow ing question of law:

(2.) THE question for decision in this reference is, whether the Tribunal correctly held that dividend income in the hands of Smt. Tej Kanwar, widow of Sohan Mal Golcha, was her absolute property and was, therefore, required to be assessed on that basis ?

(3.) SOHAN Mal Golcha initially was the Karta of an HUF consisting of his two sons and some other members. There was a partial partition as a result of which Sohan Mal Golcha separated from his sons. Thereafter, Sohan Mal Golcha constituted an HUF comprising of himself, his wife and unmarried daughter, his sons having already separated. The said Sohan Mal Golcha held certain shares as an individual and this is how dividend income was assessed as his individual income after partial partition. After the death of Sohan Mal Golcha, his shares became the property of his widow alone.