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TMI Blog1969 (5) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... the deceased at Rs. 4,65,430. One of the items comprised in the estate was a sum of Rs. 36,030 representing a deposit of Rs. 30,000 made by the deceased on 8th November, 1954, in the name of his minor daughter, Niloo, with M/s. Motor General Finance Co. Ltd. and the interest thereon till the date of Munshi Lal's death. The case of the assessee was that the deceased had gifted the sum of Rs. 30,000 to his minor daughter on the date of deposit and, therefore, no estate duty was payable on this amount, the gift having been made more than two years before the date of death. The deceased made a will on 24th February, 1955, and it is necessary to read clause 7 and the material part of clause 8 of the will which are : " I have also deposited ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ill can mean that the deceased by this will intended to treat the money deposited in the name of his daughter as money gifted to her. This can mean a gift from the date of signing of the will which is within 2 years of the date of death and so will be covered by section 9 of the Act ........" At the instance of the assessee, the following question of law was referred to the High Court : " Whether, on the facts and in the circumstances of the case, the sum of Rs. 36,030 deposited with M/s. Motor General Finance Co. Ltd,, in the name of the minor daughter of the deceased, was correctly included in the principal value of the estate of the deceased ? " The controversy between the assessee and the revenue may now be stated. The assessee h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n such a case arrive at its own conclusion. If, on the other hand, a finding of fact arrived at is not based on any evidence but on conjecture or surmise or where an inference is to be drawn from the facts determined, on the application of any principle of law, such a finding may be subjected to review because in the first case it would be a question of law and in the other case, a mixed question of law and fact. Again the conclusion, though of fact, may be such as could in no case have been arrived at by a judicial mind properly instructed as to the relevant law. In that situation also, it wilt be a question of law. It is not in all cases easy to distinguish between a question of law and a question of fact. But a conclusion of fact cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ous in law when there is no evidence to support it or if it is perverse. (4) When the finding is one of fact, the fact that it is itself an inference from other basic facts will not alter its character as one of fact. Applying these principles, admittedly there is no question here of construction of any statutory provision or document of title. The issues which arise for determination whether the sales entered in the books of the appellant in the names of the intermediaries were genuine and if not, to whom the goods were sold and for what price, are all questions of fact. Their determination does not involve the application of legal principles to facts established in the evidence." The supreme Court approved the following statement of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. The Board has arrived at the conclusion that clause 7 of the will shows that the gift was made at the time of signing of the will. Having read the will that way, the Board found that that excluded the possibility of the gift having been made in November, 1954. This decision of the Board is, therefore, based on a complete misreading of the will. Clause 7 of the will does not even remotely suggest that the gift was made by the said will. As a matter of fact, clauses 7 and 8 read together, as they must be, clearly show that the assessee had made the gift before he signed the will. This finding of the Board is, therefore, based not only on a misreading of a material document but also on surmise and conjecture. If the will does not even remot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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