CONTROLLER OF ESTATE DUTY Vs. KANTILAL BHAILAL DAVE

JUDGEMENT

(1.) THE point involved in this reference is whether the disbursement of the amount of Rs. 90,005 made by the deceased amongst his five sons amounts to gift so as to attract the provisions of section 10 of the Estate Duty Act, 1953, which is hereinafter referred to as 'the Act'.

(2.) SHORT facts of the case are that in the Samvat year 2009 which is equivalent to the year 1952 -53, the deceased, Bhailal Harjivandas Dave, was running a proprietary business known as 'M/s. Bhailal Harjivan'. At that time the deceased had five sons and one daughter. On 6th January, 1953, he made the disbursement of the amount of Rs. 90,005 equally between his five sons, each getting an amount of Rs. 18,001. At the same time, he set apart a further amount of Rs. 3,673 for the marriage expenses of his daughter, Jayagauri, crediting the same amount to her personal name. A further amount of Rs. 6,001 was set apart by him on his own personal name. He further put the havala entry for the amount of Rs. 29,020 which was due from him to a partnership concern named 'Dhrangadhra Ginning and Pressing Factory' in which he himself was a partner. In the account books of M/s. Bhailal Harjivan which was at that time his proprietary concern, the deceased maintained his own personal account he posted the entries evidencing the above disbursement totaling to Rs. 1,28,699. At annexure 'C' we find the above referred entries evidencing this disbursement. By reference to these entries it becomes apparent that they were made on Aso Vad 30th which was the last day of Samvat year 2009.

(3.) FROM the above summary of facts, it is evident that the real controversy between the parties is whether the disbursement of the amount of Rs. 90,005 amounts to gift or to a partition of that property amongst the members of the Hindu undivided family. The question which is referred to us does not specifically pinpoint this controversy but the controversy is quite evident from the facts of the case.