(1.) AT the instance of the CIT under r. 256 (1) of the INCOME TAX ACT, 1961, in ITRs, Nos. 76 and 80 of 1975 and ITR. No. 46/77 and under S. 27(1) of the WT Act, 1957, in W.T.Rs. Nos. 9 to 13 of 1975, an identical question in each case has been referred to this Court for its opinion:
(2.) SHRI Shambhu Ram Soni, the assessee, is an individual. He is one of the sons of Lala Acharaj Ram., Lala Acharaj Ram owned considerable selfacquired properties. He executed a will on October 28, 1963, in these words:
(3.) I give and bequeath Rs. 5,000 (rupees five thousand only) to each of my granddaughters,, Smt. . Smt. Krishna -daughter of L. Chan Lal (my wife).