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TMI Blog1978 (6) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... d, could be deemed to pass on the death of the deceased and not the whole of the half share which he originally owned? " This question arose out of the estate duty assessment consequent upon the death of one Hussein Jamal (hereinafter referred to as the deceased). He died on April 17, 1962, and his widow, Fatimabai Husein Jamal, rendered the account of the estate as one of the accountable persons. The controversy in this reference relates to the value to be included in the estate on account of a building called " Jamal Mansion ", situate in Bombay. This building was jointly owned by the deceased and his widow, Fatimabai. The total value of the property is Rs. 1,04,000. Out of this the share of the deceased was worth Rs. 52,000. By an inde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... liable for duty. Relying upon the decision of the Calcutta High Court, the Tribunal rejected that contention and confirmed the order of the Appellate Controller and dismissed the appeal of the revenue. The above question arises out of the order of the Tribunal. Mr. Joshi, on behalf of the revenue, urged that the Assistant Controller was right in taking the view that the sum of Rs. 52,000, being the value of the share of the deceased in the property, was includible in the estate of the deceased for levy of estate duty. He submitted that on a proper interpretation of s. 10 of the Act, it was not correct to include for levy of estate duty the proportionate value of the property actually occupied the deceased in his lifetime. In short, his ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is merely descriptive of the nature of the property given to the donee. I am not inclined to accept this argument. This is not the plain meaning of the expression at all and there is no reason why the meaning should be strained in the manner suggested by Mr. Pal. In any event, the doubt, if any, has been resolved by the Statement of Objects and Reasons with respect to section 10 of the Estate Duty Act, 1953, circulated to the Members of Parliament. The statement runs thus : ' This clause brings under charge property given in gift, but in which the donor retains some interest by contract or otherwise. Where the donor retain such interest in a part of the property only, estate duty is payable on that part only '. " Thus, it is clear t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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