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TMI Blog1990 (6) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... e Estate Duty Act, 1953. The deceased, at one time, was the owner to the extent of one-third of the following properties : (a) the property at Bajaj Road, Vile Parle ; (b) property at Ghodbunder Road, Vile Parle ; (c) property at Mahim. By release deeds dated March 29, 1957, the deceased released her one-third share in the above three properties in favour of her two sons in consideration of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce, one-third of this property did not pass on the death of the deceased. The estate duty authorities had held to the contrary on the following reasoning : There was a charge on the Mahim property for payment to the deceased of a monthly maintenance of Rs. 600. Since the income from the Mahim property was only Rs. 311 per month, the estate duty authorities assumed that the balance amount of month ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any charge on such properties, such properties were not liable to be included in the estate of the deceased passing on his death. The Supreme Court also observed that, where the taxing provision is ambiguous and is reasonably capable of more than one interpretation, that interpretation which is beneficial to the assessee must be adopted. Accordingly, we answer the following question, viz: "Whethe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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