https://www.taxtmi.com/caselaws?id=8737 Section 10 of the Estate Duty Act, 1953 applies where the donee does not take bona fide possession and enjoyment of gifted property to the donor's entire exclusion. A maintenance charge reserved in favour of the donor and his wife over the whole of the gifted properties in annexure A constituted a contractual benefit to the donor, so the exclusion requirement was not met and the properties were treated as passing on death. The nursing home building in annexure B also remained chargeable because the donor continued to use it under a lease-back arrangement and was not entirely excluded from benefit. The reference was answered against the accountable person and in favour of Revenue. en-us Wed, 22 Dec 1971 00:00:00 +0530 Wed, 03 Jun 2009 12:06:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=8737 Section 10 of the Estate Duty Act, 1953 applies where the donee does not take bona fide possession and enjoyment of gifted property to the donor's entire exclusion. A maintenance charge reserved in favour of the donor and his wife over the whole of the gifted properties in annexure A constituted a contractual benefit to the donor, so the exclusion requirement was not met and the properties were treated as passing on death. The nursing home building in annexure B also remained chargeable because the donor continued to use it under a lease-back arrangement and was not entirely excluded from benefit. The reference was answered against the accountable person and in favour of Revenue. Case-Laws Income Tax Wed, 22 Dec 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=8737