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TMI Blog1971 (10) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... le in the estate of the deceased - - - - - Dated:- 29-10-1971 - Judge(s) : SATISH CHANDRA., T. N. MISRA. JUDGMENT The judgment of the court was delivered by SATISH CHANDRA J.- The Appellate Tribunal has submitted this statement of the case and has referred the following question of law for the opinion of this court : " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the value of the Kanpur property was not includible in the estate of the deceased ? " The dispute relates to the estate of Shri T.D. Kochhar who died on August 24, 1961. The property in dispute was built between 1931 and 1937, and was registered in the name of the wife of the deceased, namely, Smt. Tulsa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mitra v. Controller of Estate Duty. In the alternative it was urged that the case is covered by section 10 of the Act which provides : " 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 : Provided that the property shall not be deemed to pass by reason only that it was not, as from the date of the gift, exclusively retained as aforesaid, if, by means of the surrender of the reserved benefit or otherwise, it is subsequently enjoyed to the entire exclusion of the donor or of any bene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o have remained in bona fide possession of the property gifted by him. In this view of the matter section 10 of the Act would be inapplicable. It was, however, urged that since the house in dispute was built out of the money gifted by the deceased, the deceased would be deemed to have gifted the house itself. Whether in law that position is justified or not is unwarranted here as we are concerned here with the question whether section 10 of the Act would apply to a property, which has been converted from another gifted property. Here, the subject-matter of the gift is cash money, from out of which another property, namely, immovable property was constructed. The cash and the immovable property were not the same thing. They are distinctly ..... X X X X Extracts X X X X X X X X Extracts X X X X
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