1990 (7) TMI 104

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....question referred to this court in this reference at the instance of the Department by the Tribunal is : "Whether, on the facts and in the circumstances of the case and having regard to the provisions of the Royal Family (Baroda) Trust Fund (Repealing) Act, 1956 (Bombay Act No. IV of 1957), the Tribunal was right in holding that the inclusion of the value of 1/6th share in the trust fund held u....

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.... Gaekwad : Provided that the parts specified in clause (b) shall not be transferred except with the consent of their mother, Princess Shrimati Kamaladevi, and of His Highness the Maharaja Fatesinhrao Gaekwar." Section 9(2) : "After March 31, 1957, and until each part of the trust fund including the proceeds of the trust fund has been transferred in accordance with the provisions of sectio....

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....value thereof was includible in his estate. The Appellate Controller agreed with the Deputy Controller while the Tribunal, for the reasons given in paragraphs 7 and 8 of the judgment, held that that part of the trust fund had not vested in the deceased and was, therefore, not includible. We would like to make it clear that the only question referred to this court by the Tribunal is whether the ....