KAMALA GANAPATHY SUBRAMANIAM Vs. CONTROLLER OF ESTATE DUTY

JUDGEMENT

(1.) The order under appeal was passed by a Division Bench of the Madras High Court in CED V/s. P.S. Narasimhan, 1993 200 ITR 422 on a reference application under the Estate Duty Act made at the behest of the revenue. The following questions were considered by the High Court.

(2.) We are concerned in these appeals with the first question, leave to appeal having been granted only in respect thereof. The High Court answered this first question in the affirmative and in favour of the revenue. As is obvious, the question relates to Sec. 10 of the Estate Duty Act, 1953 (the Act). The relevant portion thereof reads thus :

(3.) The Tribunal, in an appeal filed by the present appellant as the accountable person in respect of the estate of her late husband, had held on a consideration of all the evidences placed on record that the lands gifted to the appellant by her deceased husband had to be regarded as belonging to her and as having gone out of the hands of the deceased husband. The Tribunal said: