CONTROLLER OF ESTATE DUTY Vs. BHAGWANDAS VELJI JOSHI

JUDGEMENT

(1.) THIS case has been stated under S. 64(1) of the ED Act, 1953, by the Tribunal, at the instance of the CED, and the following question submitted to us for our opinion :

(2.) THAT was a trust deed executed by the said Narandas, who is described therein as "the settlor which expression shall be deemed to include his heirs, executors, administrators and assigns unless there is something repugnant to the subject or context thereof". By this deed of trust, Narandas himself and four others were appointed as the trustees. The property in respect of which the first deed of trust was executed consisted of some lands at Poisar and 31 per cent Govt. Promissory Loan Notes of the face value of Rs. 5,000. The object of the trust was the founding of a Sanatoriam for the benefit of the Pushakarana Brahmins and in their absence for the benefit of all the Brahmins from Gujarat, Kathiawar and Cutch and for the upkeep of the said Sanatorium.

(3.) THE second deed of trust was executed by Narandas on 29th April, 1932, and was in respect of trust property consisting of. 3 1/2 per cent Govt. Promissory Loan Notes of the face value of Rs. 50,000 and under the said deed of trust, which would be hereinafter for convenience referred to as "the second deed of trust", the trustees who were appointed were again Narandas himself and five others. The, trust created by the second deed of trust was to be called "the Narandas Lakhmidas Joshi Charities". The specific objects set out in the second deed of trust were: (1) the maintenance of old, helpless and destitute widows of the Pushakarana Brahmin Caste, residing in Cutch and who had no source of maintenance or were unable to maintain themselves due to any reason and in the case of any such a widow having a son or sons such maintenance to be granted to the widow to cease to be paid to her on her eldest son attaining the age of 18 years, and (2) for the purpose of helping the old, helpless and destitute persons of the Hindu community not exceeding two in number as the Chairman of the Board of Trustees appointed under the said deed would appoint. The concluding portion of the second deed of trust provided as follows: