Law:

Section:

Section 2(15), read with section 9, of Estate Duty Act, 1953 - Disposition - Meaning of - Whether act of a member of a joint family by which he impresses his individual property with character of joint family property or throws it into hotchpot of joint family or blends it with joint family property is a disposition within meaning of section 2(15) - Held, no FACTS One N, who died on 1-3-1972, was the karta of a HUF consisting of himself and his four sons. He was also the owner, in his individual capacity, of five house properties. On 18-6-1970 and 16-9-1970 he made declarations by which he impressed the abovementioned properties with the character of joint family properties and declared that they would thereafter belong to the HUF of which he was the karta. Subsequently, a partition was effected in the family in "March 1971 in which two of the above-mentioned properties came to the share of N. The Assistant Controller held that the declarations made by the deceased Non 18-6-1970 and 16-9-1970 were 'disposition' within the meaning of the said expression as defined in the secondExplanation to section 2(75) and these dispositions having been made for no consideration within the meaning of section 27(1), amounted to gifts and since the gifts had been made within two years of the date of death, the subject-matter of the gift was liable to be assessed as part of the estate passing on the death of N under section 9. Accordingly, he included the value of the aforesaid five properties in the principal value of the estate of the deceased. On appeal, the Appellate Controller, however, held that same could not be so included. On further appeal, the Tribunal, following the decision of the Madras High Court in the case of A.N.K. Rajamani Ammal v. CED [1972] 84 ITR 790 , upheld the order of the Appellate Controller. The High Court also declined to call for a reference in the present case and dismissed the revenue's application, for reference under section 64(1) holding that the question at issue was covered by the aforementioned High Court decision. On appeal by the revenue to the Supreme Court by special leave: HELD The questions whether A.N.K. Rajamani Animal's case (supra)…

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