1993 (1) TMI 16

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....tion 256(2) of the Income-tax Act, the Tribunal has referred the following question for the opinion of this court: Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the amount of Rs. 60,000 could not be brought to tax under section 10 of the Estate Duty Act, 1953, as the Revenue had failed to discharge the onus of sati....

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....regards the other gifts, the Assistant Controller held that they were deemed to have passed, on the donor's death, under section 10 of the Act. The accountable person, therefore, preferred an appeal to the Appellate Controller Confirming the view taken by the Assistant Controller, the Appellate Controller dismissed the appeal. The account able person, therefore, preferred a second appeal to the Tr....

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....e Duty moved the Tribunal for referring the above-stated question of law to this court. But it appears that the application made by the Commissioner was rejected. Thereupon, the Commissioner approached this court and, pursuant to the order passed by this court on August 21, 1978, this reference has been made, The Supreme Court in George Da Costa v. CED [1967] 63 ITR 497 and CED v. C. R. Ramacha....

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....se amounts being invested by the respective donees within a few days of the respective gifts with the firm in which the deceased was a partner, nothing else was established which would indicate that in his character as donor the deceased was not excluded from the benefit of the amounts gifted and that would not be sufficient to attract section 10. The reason is obvious. Possession, enjoyment and e....