Law:

Section:

Section 10, read with section 33 of the Estate Duty Act, 1953 - Gifts whenever made where donor not entirely excluded - Long before his death, deceased had executed a gift deed in respect of certain items of house property in favour of his daughter - There was a reservation therein that out of income of properties, donee would pay to deceased an amount of Rs. 1250 per month towards his maintenance - A fresh agreement was contemplated after period of two years to determine monthly payment to be made towards maintenance - However, no fresh agreement was entered into and deceased continued to receive a monthly payment of Rs. 1250 till his death - ACED as well as Appellate Controller held that section 10 was attracted and properties in question were taken under gift passed on donor's death - Tribunal, however, held that in absence of fresh agreement after expiry of two year period, donee continued in possession and enjoyment of property before death of donor and first proviso to section 10 was attracted - Tribunal further held that entire gift was exempt under section 33(1)(o) - Whether a perusal of terms of gift deed was absolutely essential to interpret its impact to pronounce as to how far section 10 and section 33(1)(o) were applicable - Held, yes - Whether, since gift deed did not form part of statement of case, nor was it available in paper book, in such circumstances, Tribunal was to be directed to forward an appropriate statement of case - Held, yes FACTS Long before his death, the deceased had executed a gift deed in respect of nine items of house property in favour of his daughter, 'K', on 30-9-1962. There was a reservation therein to the effect that out of the income of the properties, the donee would pay to the deceased, for a period of two years, an amount of Rs. 1,250 per month towards his maintenance. A fresh agreement was contemplated after the said period of two years to determine the monthly payment to be made towards maintenance having regard to the then income of the property and other circumstances existing then. No fresh agreement was entered into thereafter. The deceased was receiving a monthly payment of Rs. 1,250 till his death on…

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