S.C.Sen, J. - (1.) The following two questions of law have been referred by the Tribunal to this court under Section 64(1) of the Estate Duty Act, 1953 ("the Act") : "1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the provisions of Section 10 of the Estate Duty Act, 1953, were not applicable and that the value of the interest that the deceased had in the property transferred to Prakash Umacharan M. E. School in terms of Section 12 of the Estate Duty Act, 1953, alone was includible in the estate of the deceased and not the value of the entire property ?
(2.) Whether, on the facts and in the circumstances of the case, and on a correct interpretation of Section 33(l)(n) of the Estate Duty Act, 1953, and in view of the fact that the deceased was not residing in the ancestral house at Jagatdal, the Tribunal was right in holding that the share of the deceased in the said house was exempt on the ground that the house was kept for use by the deceased for his residence ?" 2. The brief facts of the case are as follows : "Manmatha Nath De died on October 3, 1965. By a deed executed on September 30, 1953, he made a gift of a building standing on a plot of land together with certain garden land, tank and homestead land to Prakash Umacharan M. E. School. The deed provided that these properties would vest in the donor or his heirs in case the school became non-existent."
(3.) The Assistant Controller was of the view that while making the gift to the school, the donor had retained his interest therein and he included the value of this property in the computation of the estate under Section 10 of the Act and valued the property at Rs. 10,000. The Appellate Controller was of the view that the document of gift was actually an arrangement to transfer the use of the property to the school as long as it would continue to run. It was held by the Appellate Controller that what was retained by the donor was merely the right to recover the property in the event of winding up of the school and he estimated the value of such interest at 10 per cent, of the total value, that is, at Rs. 1,000.;