KUNJHARAM JOSEPH Vs. COMMISSIONER OF GIFT TAX

JUDGEMENT

(1.) In this reference under S.26(1) of the Gift tax Act, 1958 at the instance of the assessee, the following questions have been referred:-

(2.) The plea before us Was that the assessee was an executrix under the will. The will is produced as Annexure 'C' and is dated 10-10-1953. It is admitted that the properties comprised in the gift deed are included in Annexure 'C'. Since there was no contention before us based on the interpretation of the Gift deed, we do not think it necessary to call for a further statement of the case as the gift deed does not form part of the records in the case. In our view, the view of the Tribunal that the assessee is not an executrix under Annexure 'C' will is right and we confirm the same.

(3.) Even if the assessee is an executrix under the will, the question arises whether any interest in her favour has been created by the testator in the properties comprised in the will. The operative portion of the will is extracted in the order of the Tribunal, Annexure 'D' as follows: