Sankar Prasad Mitra, J. - (1.) This is a reference under Section 64(1) of the Estate Duty Act, 1953. It arises out of the estate duty assessment of the estate of late Panchu Gopal Banerjee (hereinafter referred to as "the deceased"), who died on April 17,1955. On the death of the deceased, the applicants, who were the accountable persons under the Act, furnished an account in the prescribed form of the properties passing on the death of Panchu Gopal to the Deputy Controller of Estate Duty, Calcutta, the assessing authority concerned. The Deputy Controller, by his order dated the 30th December, 1958, determined the principal value of the estate passing on the death of the deceased, at Rs. 16,51,31.4 and the duty payable at Rs. 3,12,214.50 nP. In the principal value aforesaid, the Deputy Controller included, inter alia, the value of the properties comprised in two trusts known as (a) Sarada Sampad Trust, and (b) Jagadhatri Sampad Trust.
(2.) The question referred to this court is as follows: "Whether, on the facts and in the circumstances of the case, the properties comprised in the trusts known, respectively, as 'Sarada Sampad Trust' created by the deed dated the 19th September, 1936, and 'Jagadhatri Sampad Trust' created by the deed dated the 27th June, 1939, were correctly included in the estate of the deceased as property passing on his death under Section 5 of the Act ?"
(3.) At the hearing before us counsel for the applicant did not make any submissions with respect to the "Sarada Sampad Trust". He said that he was accepting the view of the Member, Board of Revenue, on the "Sarada Sampad Trust" and did not invite us to answer any question relating thereto. In this reference, therefore, we shall confine ourselves only to the "Jagadhatri Sampad Trust". By a deed dated 27th June, 1939, the deceased's father, the late Umesh Chandra Banerji (who died in April, 1941), settled certain properties in trust directing the trustees to apply the income thereof in the manner indicated in the deed. The English translation of the preamble to this instrument reads thus: "By the grace of the Almighty God I have acquired properties by dint of my labour and in course of business, etc. In order that they may not in my absence be wasted at will by my heirs and representatives, that the puja and-worship of the deities that I have so far carried on as a Sanatan Hindu in accordance with the directions of the Shastras may not cease to be performed, that in my absence (death) the puja and worship, etc., of the deities may be regularly performed according to the Hindu Shastras for the purpose of maintenance and preservation of the Barnashram Dharma according to my firm conviction as per directions of the Shastras and I being the scion of a good Brahmin family having uptil now cherished a firm belief and a (deep) reverence in the Sanatan Hindu Dharma, I execute this instrument of Nyas Nirdesh Trust in accordance with the directions of the Shastras, making thereby a permanent trust of all my said movable and immovable properties as from to-day (to take effect) during my lifetime." ;