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    <title>1988 (5) TMI 35 - Supreme Court</title>
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    <description>Gifted sums invested by the donees in a partnership firm in which the donor was also a partner were not includible in the donor&#039;s estate under section 10 of the Estate Duty Act, 1953, because the donor&#039;s benefit arose only from his independent status as a partner and not from the gift itself. Section 10 applies only where the donee does not obtain bona fide possession and enjoyment, or where the donor retains a benefit referable to the transfer. Here, the donees retained the property to the donor&#039;s entire exclusion, and the donor&#039;s partnership interest was treated as an ordinary partnership benefit. The gifted amount therefore remained outside the donor&#039;s estate.</description>
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    <pubDate>Fri, 06 May 1988 00:00:00 +0530</pubDate>
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      <title>1988 (5) TMI 35 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=40094</link>
      <description>Gifted sums invested by the donees in a partnership firm in which the donor was also a partner were not includible in the donor&#039;s estate under section 10 of the Estate Duty Act, 1953, because the donor&#039;s benefit arose only from his independent status as a partner and not from the gift itself. Section 10 applies only where the donee does not obtain bona fide possession and enjoyment, or where the donor retains a benefit referable to the transfer. Here, the donees retained the property to the donor&#039;s entire exclusion, and the donor&#039;s partnership interest was treated as an ordinary partnership benefit. The gifted amount therefore remained outside the donor&#039;s estate.</description>
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      <pubDate>Fri, 06 May 1988 00:00:00 +0530</pubDate>
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