CONTROLLER OF ESTATE DUTY Vs. HARRY LESLIE

JUDGEMENT

(1.) This is a reference by the Income Tax Appellate Tribunal, Cochin Bench, under S.64 (1) of the Estate Duty Act at the instance of the Controller of Estate Duty, Kerala. The following question has been referred:

(2.) Counsel for the Revenue has filed C.M.P. 10381 of 1971 requesting this Court to raise the above mentioned question also as it involves a question of law arising out of the order of the Tribunal and answer the same along with the question referred by the Tribunal. Since counsel for the accountable person has serious objection to the course suggested by the Revenue we shall deal with the petition is due course.

(3.) The reference relates to the estate duly is respect of the estate left behind by A.W. Leslie who died on 29 9 1960. He was the absolute owner of two tea estates by name Shendurani and Linwood. By the deed of gift dated 20th July, 1954, annexure 'A' he gifted 1/10th share in the above estates to each of his eight sons retaining 2/10 share for himself. The shares allotted to the sons and retained by the donor have not been divided by metes and bounds. The operative portion in annexure 'A' reads as follows: