1979 (1) TMI 98

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..... Karnataka raises a question of interpretation of s. 10 of the E.D. Act, 1953. The deceased made a gift of his residential property to his wife on 27th November, 1957, and on his death, which occurred on 2nd August, 1963, the question arose whether the value of the residential property was liable to be included in the principal value of the estate passing on the death of the deceased under s. 10. T .....

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..... nnot possibly be construed in a manner which would require the husband who has gifted residential house to the wife to live separately from her, if he wants to escape from the mischief of that section. Such an interpretation would subvert family life and social order and would be contrary to morality and good sense. When the residential house is gifted to wife and she obtains possession and remain .....

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..... ourt in the judgment under appeal and it commends itself to us. We think that these High Courts rightly refused to apply s. 10 to a case like the present where the husband has gifted the residential house to the wife and, thereafter, continued to reside with the wife in the residential house. The contrary view taken by the Allahabad High Court in Bibi Ahmadi Begum v. CED [1972] 83 ITR 303 must be .....

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