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TMI Blog1984 (1) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... fe and nominee of the deceased from the relief fund constituted by the said Co-operative Bank. It is seen from the copies filed of the relevant bye-laws that this amount was paid by the bank on collecting Rs. 10 from each member on the death of one of them. The copy of the relevant resolution reads as under : "Resolved to pay to the nominee of the deceased member a sum of Rs. 10,000 from death relief fund in the event of death of a member and recover from the salary of the members sum of Rs. 10 and credit the same to the death relief fund account. Amount falling short after collections be met with from death relief fund." The Assistant Controller was of the view that this is also property passing under section 6 of the Estate Duty Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es on death under section 6 as the property was not in existence even as found by the first appellate authority on the date of death. He also urged that it does not fall under any of the deeming clauses. He claimed that it was not open to the deceased to indicate any person other than members of the family. Again, no separate nomination was necessary for the purpose of death relief. The same nomination as for provident fund was given effect to. This shows that he did not exercise any independent discretion in this regard. He also claimed that the accountable person, nominee or any other person had no legal right to enforce the payment as this was not a matter of trust vis-a-vis the beneficiary in absence of privity of contract. He alternati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... we are concerned. Assuming that there was such a shortfall met from the death relief fund which was built up by the contribution of members, it could be said that the moneys were in existence. Section 15 may well cover such shortfall as it possibly could be argued that it is a payment from an interest provided by the deceased by becoming a member of the bank with such a scheme and making a contribution towards such death relief fund by way of subscription to the same. Such an inference is, no doubt, stoutly resisted by the learned representative of the accountable person. We do not, however, propose to enter into a detailed discussion in respect of the same because the alternative argument of the accountable person based upon section 34(3) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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