1990 (6) TMI 42

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....as referred only one question of law to this court for opinion under section 64(1) of the Estate Duty Act, 1953. The question reads thus : "Whether, on the facts and in the circumstances of the case, the Tribunal, on the ratio of the decisions of the Supreme Court in CED v. C. R. Ramachandra Gounder (88 ITR 448) and CED v. N. R. Ramarathnam (91 ITR 1), was correct in holding : (a) that there....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....are and his son, Valimohomed, having 7 annas share in the profits and losses with effect from January 1, 1948. The departmental authorities as well as the Tribunal held that the provisions of section 10 of the Estate Duty Act, 1953, were attracted inasmuch as the amounts given by way of gifts by the deceased continued to remain in the business of which the deceased was a proprietor for some tim....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....4. It was claimed that the order passed by the Tribunal originally suffered from a mistake apparent on the face of the record in view of the aforesaid two Supreme Court decisions and, therefore, the order required to be rectified in the light of the Supreme Court judgments. Upon hearing the parties, the Tribunal passed the impugned order holding that its appellate order suffered from a mistake ....