https://www.taxtmi.com/caselaws?id=7508 For estate duty purposes, a coparcener's relinquishment of share in joint family property, or its treatment as a partition, can fall within the statutory deeming fiction under Section 9 read with Explanation 2 to Section 2(15) of the Estate Duty Act, 1953, because extinguishment of the deceased's right and corresponding benefit to another is treated as a disposition. The value passing on death was therefore includible, subject to the statutory deduction under the proviso to Section 27. The argument that Section 9 was inapplicable because the disposition occurred within two years of death was rejected, since that timing did not take the transaction outside the charge when the other conditions were satisfied. en-us Mon, 07 Apr 1969 00:00:00 +0530 Fri, 20 Feb 2009 18:54:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=7508 For estate duty purposes, a coparcener's relinquishment of share in joint family property, or its treatment as a partition, can fall within the statutory deeming fiction under Section 9 read with Explanation 2 to Section 2(15) of the Estate Duty Act, 1953, because extinguishment of the deceased's right and corresponding benefit to another is treated as a disposition. The value passing on death was therefore includible, subject to the statutory deduction under the proviso to Section 27. The argument that Section 9 was inapplicable because the disposition occurred within two years of death was rejected, since that timing did not take the transaction outside the charge when the other conditions were satisfied. Case-Laws Income Tax Mon, 07 Apr 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=7508