https://www.taxtmi.com/caselaws?id=8849 Section 10 of the Estate Duty Act, 1953 applies only to the property actually gifted and to any benefit retained by the donor that is referable to that gifted property. On the facts, the sons' shares in the gifted property were not includible in the principal value of the estate because the donor's continued enjoyment of his own retained undivided share was not a reserved benefit from the gift, and no material benefit from the partnership arrangement was shown. Where the Tribunal refuses to refer a question on the ground that no question of law arises, the proper course is an application under section 64(3), not a civil miscellaneous petition in the pending reference; the latter was held not maintainable. en-us Fri, 17 Dec 1971 00:00:00 +0530 Tue, 16 Jun 2009 11:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=8849 Section 10 of the Estate Duty Act, 1953 applies only to the property actually gifted and to any benefit retained by the donor that is referable to that gifted property. On the facts, the sons' shares in the gifted property were not includible in the principal value of the estate because the donor's continued enjoyment of his own retained undivided share was not a reserved benefit from the gift, and no material benefit from the partnership arrangement was shown. Where the Tribunal refuses to refer a question on the ground that no question of law arises, the proper course is an application under section 64(3), not a civil miscellaneous petition in the pending reference; the latter was held not maintainable. Case-Laws Income Tax Fri, 17 Dec 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=8849