https://www.taxtmi.com/caselaws?id=7356 Gifted capital introduced into a partnership was not includible in the deceased's estate where the gifts were genuine and complete. The Court explained that, for section 10 of the Estate Duty Act, possession and enjoyment are not judged by physical control of specific partnership assets; the relevant test is whether the donees retained the gifted property to the entire exclusion of the donor and any benefit to him. Any alleged benefit must arise from the gift itself, not merely from the donor's separate retained partnership interest. On that basis, section 10 did not apply and the gifted sum was excluded from the estate computation. en-us Thu, 29 Sep 1966 00:00:00 +0530 Wed, 18 Feb 2009 11:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=7356 Gifted capital introduced into a partnership was not includible in the deceased's estate where the gifts were genuine and complete. The Court explained that, for section 10 of the Estate Duty Act, possession and enjoyment are not judged by physical control of specific partnership assets; the relevant test is whether the donees retained the gifted property to the entire exclusion of the donor and any benefit to him. Any alleged benefit must arise from the gift itself, not merely from the donor's separate retained partnership interest. On that basis, section 10 did not apply and the gifted sum was excluded from the estate computation. Case-Laws Income Tax Thu, 29 Sep 1966 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=7356