https://www.taxtmi.com/caselaws?id=36523 Section 10 of the Estate Duty Act, 1953 applies only where the donor's continued benefit or enjoyment in the gifted property is referable to the gift itself. If the post-gift benefit arises from independent circumstances, the amount is not brought back into the donor's estate merely because it was credited to, or later used by, a partnership firm connected with the donor. The decisive test is whether the donee retained possession and enjoyment of the property to the entire exclusion of the donor, including exclusion from any benefit by contract or otherwise. On that basis, the gifted amount was not includible in the deceased donor's estate. en-us Mon, 07 Jan 1980 00:00:00 +0530 Tue, 23 Mar 2010 10:18:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=36523 Section 10 of the Estate Duty Act, 1953 applies only where the donor's continued benefit or enjoyment in the gifted property is referable to the gift itself. If the post-gift benefit arises from independent circumstances, the amount is not brought back into the donor's estate merely because it was credited to, or later used by, a partnership firm connected with the donor. The decisive test is whether the donee retained possession and enjoyment of the property to the entire exclusion of the donor, including exclusion from any benefit by contract or otherwise. On that basis, the gifted amount was not includible in the deceased donor's estate. Case-Laws Income Tax Mon, 07 Jan 1980 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=36523