CONTROLLER OF ESTATE DUTY Vs. NIRMAL KUMAR ROY

JUDGEMENT

(1.) In this reference under Section 64(3) of the E.D. Act, 1953, the. following questions have been referred to this court:

(2.) Whether, on the facts and in the circumstances of the case, and having regard to the fact that the deceased resided in one of the trust properties before his death, the Tribunal is right in holding that there was no reservation of interest by the deceased in the property within the meaning of Section 12(1) of the Estate Duty Act, 1953?

(3.) Whether, on the facts and in the circumstances of the case, and on a correct interpretation of the deed of trust, the Tribunal is correct in holding that the trust did not have amongst its purposes the maintenance of the sons of the deceased ?