BADRI VISHAL TANDON Vs. CONTROLLER OF ESTATE DUTY

JUDGEMENT

(1.) THE Appellate Tribunal had submitted this statement of the case and has referred five questions of law for the opinion of this court. THE reference is under the E.D. Act. It relates to the estate of late Sri Ram Mohan Das Tandon, who died on June 27, 1967. His son, Badri Vishal Tandon, filed a return under the E.D. Act. THE Asst. controller, in due course, passed an assessment order after making various adjustments. THE accountable person went up in appeal and then in further appeal to the Income-tax Appellate Tribunal. Now, three matters are in dispute on which the Tribunal had referred to us five questions of law.

(2.) THE first matter relates to the inclusions of the deceaseds shares amounting to Rs. 1,27,098 in Lala Man Mohan Das Trust. THE facts ar :

(3.) THE Tribunal has foun :