- (1.) These are two appeals by certificates under S. 66A(2) of the Indian Income-tax Act, 1922, against the judgment of the High Court at Calcutta, answering two questions referred to it by the Income-tax Appellate Tribunal against the appellant. The two questions are : Whether on the facts and in the circumstances of the case, the assessments on the Administrator General of West Bengal as an individual and not as representing the shares of the various beneficiaries under the Will of the late Raja P. N. Tagore separately was in accordance with law
(2.) If the answer to Question No. 1 be in the affirmative, then whether on the facts and in the circumstances of the case, the assessment of the said Administrator General in the maximum rate was legal 2. The facts and circumstances referred to are set out in the statement of the case by the Appellate Tribunal and are as follows. One Raja Profulla Nath Tagore died on July 2, 1938, leaving an elaborate Will dated March 14, 1927, by which certain legacies were left to specified persons and institutions, the residue being given to five sons. The residue was disposed of thus by clause 81 of the Will : "Save and except the legacies that I have provided for in this my present Will and save my garden house at Allambazar Tagore Villa together with articles of furniture I give to my sons all my remaining moveable and immoveable properties that will be left and also the moveable and immoveable properties whereto my right will accrue in future. Subject to the management and payment of these several trusts (Debutter, etc.) and the legacies that I have created or I have directed the, creation thereof in this Will my sons shall continue to hold and enjoy all the said moveable and immoveable properties.
(3.) Clause 10 of the said Will provided for the payment of the legacies thus: "The legacies fixed in this my present Will shall have to be paid in full within 15 years of my death and these 15 years my Estate shall be managed under the supervision of my Executors and Trustees. As to the various legacies that I have made a mention of this my Will, my Executors and Trustees shall pay up all the said legacies out of the small savings made from the income of my Estate year after year. For paying up the legacies my Executors and Trustees shall not be competent to sell any portion of my Estate or any immoveable property. As to what I have arranged to pay to the different parties, in this my present Will, my Executors and Trustees shall not pay any interest on those legacies nor shall the legatees be competent to claim any interest.";