NANDAKUMAR T G Vs. CONTROLLER OF ESTATE DUTY

JUDGEMENT

(1.) UNDER section 64(1) of the Estate Duty Act, 1953, the Income-tax Appellate Tribunal, Bangalore Bench, has stated a case and referred the following two question of law for the opinion of this court :

(2.) ONE Govinda Rao, the deceased, who died on July 27, 1967, was a partner in a firm called "M/s. T. Govinda Rao & Sons, Raichur". The accountable person contested the inclusion of several items of assets before the Assistant Controller of Estate Duty, Dharwar. We are not concerned with the several items except two items. ONE item which pertains to question No. 1 was a sum of Rs. 28,096 which was treated as property passing under section 10 of the Act. The relevant facts with regard to the said assets are as follows :

(3.) SINCE the fixed deposits were taken in the joint names of the deceased along with his minor daughters, the view taken by the Tribunal, in our opinion, is right.