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Issues: Whether the value of the deceased partner's alleged share in the goodwill of the firm could be treated as property passing on death and included in the estate under section 9 of the Estate Duty Act, 1953.
Analysis: Section 9 applies only where property is taken under a disposition made by the deceased, meaning a transaction of which the deceased was the author or to which the deceased was a party. The material showed that the deceased had retired from the firm and the later reconstitution deed was executed by the continuing partners, with no finding that the deceased had made any disposition or gift of his goodwill share in favour of his sons or the continuing partners. In the absence of a factual finding of a disposition by the deceased, the statutory condition for invoking section 9 was not satisfied. The earlier decision on the scope of section 9 supported the same principle that a transaction executed without the deceased as a party cannot, by itself, be treated as a disposition made by him.
Conclusion: The inclusion of the alleged goodwill share in the estate under section 9 was not justified, and the question was answered in favour of the assessee and against the Revenue.
Ratio Decidendi: Section 9 of the Estate Duty Act, 1953 can be invoked only when there is a proved disposition made by the deceased himself; absent such disposition, the asset cannot be treated as passing on death for estate duty purposes.
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