Sankar Prasad Mitra, J. - (1.) This is a reference under Section 64 (1) of the Estate Duty Act, 1953. On the 1st May, 1955, one Probodh Chandra Ray executed a Deed of Trust in which he was referred to as a settlor. There were two trustees under this Deed viz., Usharanjan Ghosh and Sunil Hoy, the only son of the settlor, The subject-mutter of the trust was premises No. 38, Southern Avenue, Calcutta, where the settlor used to reside. The Trustees were directed to pay the rates and taxes and out of the balance of the income of the property they were to pay in any proportion whatsoever to Sm. Jyotirmoyee Ray, the settlor's wife, Sunil Roy, the settlor's son, Uma Mitra, the settlor's daughter, any children of Sunil Roy and any children of Uma Mitra by her existing marriage. None of these beneficiaries had any power of anticipation. At the end of a period of ten years, the trustees were to transfer the property to Sunil Roy or to any major child of Sunil Roy or Uma Mitra or to Uma Mitra's children born of her the then existing marriage. In the absence of any of the beneficiaries aforementioned the property was to go to the Sudharan Brahmo Samaj, On the 14th August, 1055, the settlor executed another document in respect of a property at Regent Park with which we are not concerned in this reference. The Deed of the 14th August, 1955, is, however, relevant to us to this extent that in this Deed executed a few months after the first Deed the settlor states that he was residing not at premises No. 38, Southern Avenue in Calcutta, but at premises No. 78/1, Sardar Sankar Road, in Calcutta.
(2.) Even before that only two days after the execution of the first Deed on the 1st of May, 1955, the settlor on the 3rd May, 1955, wrote to the Post-master, Calcutta-19, to redirect his letters to premises No. 78/1, Sardar Sankar Road. Then on the 26th August, 1955, the settlor wrote to the Insurance Company about his change of address. In September, 1955, he wrote to the State Bank of India intimating the change of address. In the same month he asked the Calcutta Electric Supply Corporation Ltd. to refund his security deposit with respect to premises No. 38, Southern Avenue, Calcutta, and to terminate his contract with the said Corporation in view of the change of ownership.
(3.) The trustees under the Deed of the 1st May, 1955, applied on the 6th September, 1955, to the Municipal Corporation for mutation of ownership. The trustees were also assessed to income-tax on income from premises No. 38, Southern Avenue.;