1989 (3) TMI 12

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....y the Tribunal to this court under section 64(1) of the Estate Duty Act, 1953 ("the Act") : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the provisions of section 10 of the Estate Duty Act, 1953, were not applicable and that the value of the interest that the deceased had in the property transferred to Prakash Umacharan M. E. School i....

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....d homestead land to Prakash Umacharan M. E. School. The deed provided that these properties would vest in the donor or his heirs in case the school became non-existent." The Assistant Controller was of the view that while making the gift to the school, the donor had retained his interest therein and he included the value of this property in the computation of the estate under section 10 of the ....

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....llate Controller was reasonable. The Tribunal further held that section 10 had no application in the facts of this case. The Tribunal has also discussed the question of exemption of house property under section 33(1)(n) of the Act. The Appellate Controller had found that the deceased was living with his son at the time of his death and the property was joint and was occupied by the nephew of th....