LAWS(CAL)-1984-1-18

SURAJMULL GOUTI Vs. CONTROLLER OF ESTATE DUTY

Decided On January 13, 1984
SURAJMULL GOUTI Appellant
V/S
CONTROLLER OF ESTATE DUTY Respondents

JUDGEMENT

(1.) The facts found or admitted and the proceedings leading up to this reference under Section 64(1) of the E.D. Act, 1953, are as follows: The estate involved is that of Madanchand Gouti, who died on March 18, 1966. During his lifetime, the deceased had been a partner, having 12.5% share in a firm carrying on business in the name and style of "Chouthmull Jaychandlal Gouti", hereinafter referred to as the said firm.

(2.) During his lifetime, the deceased had made a gift of Rs. 10,000 to Sumatichand Gouti, his grandson, a minor and another gift of Rs. 80,001 to Ranjitmal Gouti, his nephew, also a minor. The said gifts were made by way of two trusts and the amounts of the gifts were made over in cash to Jaychandlal Gouti and Dharamchand Singhi who were appointed as trustees.

(3.) The trustees executed two deeds of trust on March 24, 1961, and April 1, 1963, recording the said gifts and the trusts.