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TMI Blog1978 (6) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... e Income-tax Appellate Tribunal, Bangalore Bench, has referred the following question for a decision of this court : " Whether, on the facts and in the circumstances of the case, the value of the residential property known as ' Rajatadri ' is includible in the principal value of the estate passing on the death of the deceased under section 10 of the Estate Duty Act, 1953 ? " One B. Rudra alias ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal did not meet with success. At the instance of the accountable person, the question above referred to has been referred to this court. The finding of the authorities has been that the gift was a genuine one, but they have held that the value of the house is includible in the principal value of the estate passing on the death under section 10 of the Estate Duty Act, 1953 (hereinafter refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... usion of the donor and it cannot be said that the mere residence of the husband in such circumstances would amount to his being in possession and enjoyment of the house, he having nothing to do with its possession and enjoyment. The decisions of the High Court of Calcutta have been reported as Mrs. Shamsun Nehar Mansur v. Controller of Estate Duty [1969] 71 ITR 301 and Sunil Roy v. Controller of E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... house to the wife or the wife to the husband." We are in respectful agreement with the above observation. The High Court of Madras in the case in Controller of Estate Duty v. Mrs. Kamala Pandalai [1976] 105 ITR 531 reviewed all the decisions of the other High Courts and its view is also on the same lines. In the instant case, the house property was the matrimonial house. The presence of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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