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TMI Blog1978 (8) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... o as ' the Act ') ? " The relevant facts are as under : The deceased, Shriniwas Bhimsaria, died on the 20th January, 1963. In the return filed for estate duty purposes the accountable person did not include the property at holding No. 70, Ward No. 2 of Saharsa Municipality in the estate of the deceased. According to the accountable person, the said property is a public property being a dharamshala which had been endowed for public charitable purposes. In order to support that claim the accountable person stated that the municipality had made it tax-free and it had come under the purview of the Bihar Religious Trust Board which had levied tax on it. The Asst. CED did not accept the accountable person's plea on the ground that this prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as held by the deceased for charitable purposes. Therefore, it was exempted under s. 33(1)(a) of the Act. The value of the said property was directed to be excluded from the principal value of the estate of the deceased. It is on these facts that the above question has been referred for the opinion of this court. I may, at the very outset, observe that the question, as referred by the Tribunal, does not cover the real controversy between the parties. Fact of the matter is that having regard to the valuation of the dharamshala as estimated by the Asst. CED, provisions contained in s. 33(1)(a) of the Act would hardly be applicable. This provision covers a property whose valuation is only twenty-five hundred. Naturally, therefore, a prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... religious and charitable purposes must be held to have divested himself of the right of disposition over the property. Thus, the controversy between the parties relates to the true interpretation of the will dated 23rd April, 1954. A true copy of the will has been provided in the paper book. The narration relevant to the property in question is to this effect : The testator has acquired several properties by dint of his own labour. He has acquired a business which is run in the firm name of Harchand Rai Bansidhar in partnership with certain persons (whose names need not be mentioned). He has also established a dharamshala at Saharsa and it is his desire that the said property shall for ever remain a dharamshala. In respect of this wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le purposes. It is true that while dealing with this question the Tribunal has relied mainly upon the W.T. assessment order. I do not, however, think that the finding of the Tribunal relating to the public charitable nature of the endowment gets vitiated in any way. The Tribunal's finding is after due consideration of the matter considered in the W.T. assessment. The W.T. assessment can form a good basis for finding the nature of a particular property. In my opinion, the Tribunal's finding is neither perverse nor unreasonable having been based upon the order of the WTO. The said dharamshala has been treated to be one of a public, religious and charitable nature. The character of the said property cannot deviate for the purpose of E.D. as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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