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TMI Blog1985 (10) TMI 10X X X X Extracts X X X X X X X X Extracts X X X X ..... ed estate duty account in respect of the estate of the deceased on March 30, 1974. In the course of the assessment proceedings, exemption was claimed in respect of Rs. 10,000 out of the total gifts of Rs. 57,975 made by the deceased relying on sub-section (2) of section 9 of the Estate Duty Act. Section 9(1) provides that property taken under a disposition made by the deceased purporting to operat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... value." The case of the accountable person is that by way of normal expenditure, the deceased gifted away a total sum of Rs. 57,975 between February 3, 1972, and December 28, 1972, and hence he is entitled to exemption of Rs. 10,000, the maximum permitted by subsection (2) of section 9 of the Act. In order to bring his case within the ambit of clause (b) of sub-section (2) of section 9, the acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to this court, the Tribunal has stated the facts in the following words : "The Tribunal observed that none of the aforesaid gifts was made on Makar Sankranti or Uttarayan Day, i.e., January 14. There was also nothing on record to indicate that the gifts were made on any festive occasion as contended on behalf of the accountable person. The Tribunal further observed that there was no evidence on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 10,000 out of the total gifts of Rs. 57,975 made by the deceased were not excludible under clause (b) of sub-section (2) of section 9 of the Estate Duty Act ? (2) Whether, on the facts and in the circumstances of the case, the estate duty payable by the accountable person is an admissible deduction while computing the principal value of the estate of the deceased ?" So far as the first ques ..... X X X X Extracts X X X X X X X X Extracts X X X X
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