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TMI Blog1971 (8) TMI 61X X X X Extracts X X X X X X X X Extracts X X X X ..... is: "Whether, on the facts and in the circumstances of the case, the Tribunal is right in upholding the inclusion of the amount of Rs. 35,000 gifted by the deceased to his grand-daughters, in the total value of the estate of the deceased under the provisions of section 10 of the Estate Duty Act?" The deceased, Kasturchand Kundanmull, was one of the two partners of the firm, Messrs. Kasturchand Kundanmull, the other partner being his son, Pukraj. On November 6, 1953, the deceased gifted a total sum of Rs. 35,000 to his three grand-daughters who were then minors. These gifts were made by means of transfer entries in the books of the firm by debiting the amount in the personal account of the deceased and crediting the respective amounts in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gifts whenever made where donor not extirely excluded.-Property taken under any gift, whenever made, shall be deemed to pass on the donor's death to the extent that bona fide possession and enjoyment of it was not immediately assumed by the donee and thenceforward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise :" (Provisos omitted) The above provision is similar to section 102(2)(d) of the Stamp Duties Act, 1920-56 (New South Wales), which came up for consideration before the Judicial Committee of the Privy Council in Clifford John Chick v. Commissioner of Stamp Duties. Lord Simonds, who delivered the judgment of the Board, has stated that: "Where the question is whether the donor has b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er in 1952. The question was whether the value of the property given to Clifford John Chick in 1934 was to be included in computing the value of the father's estate for the purposes of death duty. The Privy Council held that the value of the property given to the son was to be included in computing the value of the father's estate for the purpose of the death duty. The principles laid down in Chick's case were followed by the Gujarat High Court in Smt. Shantaben S. Kapadia v. Controller of Estate Duty and Controller of Estate Duty v. Chandravadan Amratlal Bhatt, and by the Punjab High Court in Controller of Estate Duty v. Ronaq Ram Bakshi Ram Gupta and applied to facts similar to the instant case. Sri S. P. Bhat, learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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