https://www.taxtmi.com/caselaws?id=35645 Section 10 of the Estate Duty Act applies where a donor is not entirely excluded from possession, enjoyment, or benefit of gifted property. Although trust beneficiaries initially obtained valid possession and enjoyment of sums gifted to them, the trustees deposited those sums with the donor's sole proprietary business, which used the funds while paying interest. Because a sole proprietorship has no legal separation between the donor and the business enjoying the deposits, the donor retained benefit from the gifted sums. The condition of entire exclusion was therefore not met, and the sums were includible in the estate. en-us Thu, 02 Jul 1981 00:00:00 +0530 Mon, 15 Mar 2010 17:24:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=35645 Section 10 of the Estate Duty Act applies where a donor is not entirely excluded from possession, enjoyment, or benefit of gifted property. Although trust beneficiaries initially obtained valid possession and enjoyment of sums gifted to them, the trustees deposited those sums with the donor's sole proprietary business, which used the funds while paying interest. Because a sole proprietorship has no legal separation between the donor and the business enjoying the deposits, the donor retained benefit from the gifted sums. The condition of entire exclusion was therefore not met, and the sums were includible in the estate. Case-Laws Income Tax Thu, 02 Jul 1981 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=35645