1993 (9) TMI 100

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....e and there was no element of gift of the share of the assessee in the properties of the Hindu undivided family in the unequal distribution of assets in the partial partition effected on June 9, 1977, even though there was no specific clause in the deed of partial partition to the effect that the deficiency of the share of the deceased would be made up in subsequent partition? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in holding that section 9(1) read with section 27(1) and section 2(15) and Explanation 2 thereof, of the Estate Duty Act are not applicable to the facts of the present case ?" The facts as found in the statement of case are as follows: The proceeding related to th....

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....deceased had rights over the other undivided properties, there could not be any gift of any share of the deceased in the properties of the Hindu undivided family. For these reasons, the addition of Rs. 1,21,666 was deleted by the Tribunal. The first appellate authority had affirmed the inclusion of the deemed gift on the ground that no distinction as such can be made between complete partition and a partial partition for the purpose of Explanation 2 to section 2(15) of the Act which reads thus : "The extinguishment at the expense of the deceased of a debt or other right shall be deemed to have been a disposition made by the deceased in favour of the person for whose benefit the debt or right was extinguished, and in relation to such a dis....