Estate duty inclusion applies only where the benefit received by the donor is directly referable to the gift. Section 10 of the Estate Duty Act includes gifts in the estate only when the donor's benefit is referable to the gift. Transfers by book entries or gifts of property subject to tenancy that do not convey complete proprietary rights and do not give benefits referable to the gift are excluded; gifts which result in the donee letting the property back or depositing money with the deceased or his firm are includible. The Supreme Court decisions in Kamalavati and Jaigopal Mehra confirm that absence of a benefit referable to the gift precludes inclusion under section 10, and officers are to apply this ratio in assessments.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Estate duty inclusion applies only where the benefit received by the donor is directly referable to the gift.
Section 10 of the Estate Duty Act includes gifts in the estate only when the donor's benefit is referable to the gift. Transfers by book entries or gifts of property subject to tenancy that do not convey complete proprietary rights and do not give benefits referable to the gift are excluded; gifts which result in the donee letting the property back or depositing money with the deceased or his firm are includible. The Supreme Court decisions in Kamalavati and Jaigopal Mehra confirm that absence of a benefit referable to the gift precludes inclusion under section 10, and officers are to apply this ratio in assessments.
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