1985 (10) TMI 10

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....way on September 19, 1973. Thereupon, the accountable person filed estate duty account in respect of the estate of the deceased on March 30, 1974. In the course of the assessment proceedings, exemption was claimed in respect of Rs. 10,000 out of the total gifts of Rs. 57,975 made by the deceased relying on sub-section (2) of section 9 of the Estate Duty Act. Section 9(1) provides that property tak....

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....ure of the deceased, subject to a maximum of rupees ten thousand in value." The case of the accountable person is that by way of normal expenditure, the deceased gifted away a total sum of Rs. 57,975 between February 3, 1972, and December 28, 1972, and hence he is entitled to exemption of Rs. 10,000, the maximum permitted by subsection (2) of section 9 of the Act. In order to bring his case wit....

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....knocked out. In the instant case, in the statement of case submitted to this court, the Tribunal has stated the facts in the following words : "The Tribunal observed that none of the aforesaid gifts was made on Makar Sankranti or Uttarayan Day, i.e., January 14. There was also nothing on record to indicate that the gifts were made on any festive occasion as contended on behalf of the accountabl....

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....the case, the Tribunal was right in holding that gifts to the extent of Rs. 10,000 out of the total gifts of Rs. 57,975 made by the deceased were not excludible under clause (b) of sub-section (2) of section 9 of the Estate Duty Act ? (2) Whether, on the facts and in the circumstances of the case, the estate duty payable by the accountable person is an admissible deduction while computing the p....