https://www.taxtmi.com/caselaws?id=37802 Section 10 of the Estate Duty Act, 1953 was construed to mean that, where gifted property was not bona fide possessed and enjoyed by the donee to the entire exclusion of the donor, estate duty could attach only to the part or fraction affected by the donor's retained benefit. The phrase "to the extent" was read as limiting inclusion in the dutiable estate to the portion actually enjoyed or occupied by the donor, rather than the whole gifted share. The cited Supreme Court-approved view on partial inclusion was applied, and the question was answered in favour of the accountable person. en-us Wed, 21 Jun 1978 00:00:00 +0530 Thu, 01 Apr 2010 11:55:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=37802 Section 10 of the Estate Duty Act, 1953 was construed to mean that, where gifted property was not bona fide possessed and enjoyed by the donee to the entire exclusion of the donor, estate duty could attach only to the part or fraction affected by the donor's retained benefit. The phrase "to the extent" was read as limiting inclusion in the dutiable estate to the portion actually enjoyed or occupied by the donor, rather than the whole gifted share. The cited Supreme Court-approved view on partial inclusion was applied, and the question was answered in favour of the accountable person. Case-Laws Income Tax Wed, 21 Jun 1978 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=37802