https://www.taxtmi.com/caselaws?id=307587 Section 10 of the Estate Duty Act, 1953 applies where property gifted by the deceased is not thereafter retained by the donee in the donor's entire exclusion. The decisive inquiry is the subject-matter of the gift: if the gift transfers full ownership of the property with all attendant rights, later re-entry by the donor as lessee does not confine duty to only the value of the donor's residual right of occupation or enjoyment. The statutory text does not support reading such a limitation into the provision. On that basis, the entire value of the gifted property was includible in the principal value of the estate. en-us Mon, 11 Nov 1974 00:00:00 +0530 Mon, 24 Apr 2023 15:28:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=307587 Section 10 of the Estate Duty Act, 1953 applies where property gifted by the deceased is not thereafter retained by the donee in the donor's entire exclusion. The decisive inquiry is the subject-matter of the gift: if the gift transfers full ownership of the property with all attendant rights, later re-entry by the donor as lessee does not confine duty to only the value of the donor's residual right of occupation or enjoyment. The statutory text does not support reading such a limitation into the provision. On that basis, the entire value of the gifted property was includible in the principal value of the estate. Case-Laws Indian Laws Mon, 11 Nov 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=307587