L MUNSHI LAL BHASIN Vs. CONTROLLER OF ESTATE DUTY

JUDGEMENT

(1.) MunsbiLal Bhasin died on 22nd January, 1957. The Assistant Controller of Estate Duty, New Delhi, determined the principal value of the estate passing on the death of the deceased at Rs.4,65,430. One of the items comprised in the estate was a sum of Rs. 36,030 representing a deposit of Rs. 30,000 made by the deceased on 8th November, 1954 in the name of his minor daughter Niloo with M/s. Motor General Finance Co. Ltd., and the interest thereon till the date of Munshi Lal's death.

(2.) The case of the assessee was that the deceased had gifted the sum of Rs. 30,000 to his minor daughter on the date of deposit and therefore, no estate duty was payable on this amount the gift having been made more than two years before the date of death. The deceased made a will on 24th February, 1955 and it is necessary to read clause 7 and the material part of clause 8 of the will which are:-

(3.) The controversy between the assessee and the Revenue may now be stated. The assessee had contended that the deceased gifted this amount to his minor daughter on 8th November, 1954, when the money was deported in her name and the will Provided evidence of the said gift having been made on that date. On the other hand, the Revenue maintained that there being no presumption of advancement, the mere deposit by the deceased in the name of his minor daughter did not prove the gift ; that the gift was made by the will itselt and that there was no evidence indicating the iptention of the deceased that he gifted the money on the date of the deposit. It is in the light of these facts that we have been called upon to answer the question referred Mr. Kirpal, the learned counsel for the Revenue, pressed on us to hold. that the finding of the Board being a pure finding of fact was binding on us and the question should, on that account be answered in favour of the Revenue. He said that the Board had, on the proper appreciation of evidence, come to the conclusion that the gift had been made within two years of Munshi Lal's death. Before Ideal with the facts of the case, it is necessary to discuss the principles which one has to bear in mind in deciding whether or not a given finding is apure finding of fact or of law or of fact and law.