CONTROLLER OF ESTATE DUTY Vs. EAPADIA B V ACCOUNTABLE PERSON TO THE ESTATE OF LATE V B KAPADA
LAWS(CAL)-1976-4-25
HIGH COURT OF CALCUTTA
Decided on April 04,1976

CONTROLLER OF ESTATE DUTY Appellant
VERSUS
EAPADIA B V ACCOUNTABLE PERSON TO THE ESTATE OF LATE V B KAPADA Respondents


Referred Judgements :-

H. R. MUNRO V. COMMR. OF STAMP DUTY [REFERRED TO]
ADDANKI NARAYANAPPA VS. BHASKARA KRISHNAPPA DEAD AND THEREAFTER HIS HEIRS [REFERRED TO]


JUDGEMENT

- (1.)THE following question is involved in this Reference under Section 64 (1) of the Estate Duty Act, 1953:-
"whether, on the facts and in the circumstances of the case, a sum of Rs. 75,000/ - would be deemed to pass within the meaning of section 10 of the Estate Duty Act, 1953 ?"

(2.)THE fact stated is the statement of the case are as follows : The deceased was a partner of Messrs. B. A. Brothers, Calcutta; on November 7, 1953 he made a gift of Rs. 1 lakh to his daughter by making entries in the books of the said firm; the donee received the gifted amount on November 7, 1953, and on the same day became partner of the said firm by contributing rs. 75,000/- as her capital out of the gifted amount; the donor had -/4/-as share and the donee had /3/ as share in the said firm with effect from that date; and the donor died on October 18, 1960 while he was a partner of the said firm.
(3.)RS. 75,000/- was included in the valuation of the estate of the: deceased under section 10 of the Estate Duty Act, 1953, hereinafter referred to as "the Act", by the Assistant Controller of Estate Duty whose order was Sustained by the Appellate Controller of Estate Duty by following the decision of the Privy Council in the case of Messrs. Clifford John Chick and anr. v. The Commissioner of Stamp Duty, reported in 37 LT. R. 89 (E. D.)
;


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