TMI Blog1990 (10) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... n an interpretation of the gift deed in the present case to come to the conclusion that in the absence of a fresh agreement after the expiry of the period of two years benefit had been reserved in favour of the donor ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was right in finding that exemption under section 33(1)(o) is available in this case ?" The matter arises in connection with levy of estate duty on one Hajee Abdul Latiff Hajee Essa Sait. He died on November 25, 1967. Long before his death, the deceased had executed a gift deed in respect of 9 items of house property in favour of his daughter, Kadija Bai, on September 30, 1962. There was a reservation therein to the effect that out of the income o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e right for the donor to claim the amount after the expiry of the two year period ; nor was there any enforceable obligation against the donee. In these circumstances, the Appellate Tribunal held that after the period of two years of the gift deed dated September 30, 1962, the gifted property was possessed and enjoyed by the donee to the complete exclusion of or benefit to the donor, under any contract or otherwise, that any amount paid to the deceased after the expiry of two years from the date of the gift deed dated September 30, 1962, is not referable to the said gift and so the properties held by the donee as per the gift deed dated September 30, 1962, cannot be deemed to pass on the death of the testator, under section 10 of the Act. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts order, referred to the gist of the various clauses in the gift deed. We do not know whether the Appellate Tribunal has given the gist of all the clauses in the gift deed. Even otherwise, the deed as such does not form part of the statement of the case ; nor is it available in the paper book. A perusal of the terms of the gift deed is absolutely essential to interpret its impact to pronounce as to how far section 10 and section 33(1)(o) of the Estate Duty Act are applicable or not, in the instant case. Since we are not in a position to give a satisfactory and precise answer to the questions referred to this court in the absence of the basic document which should have been forwarded by the Appellate Tribunal, we decline to answer the que ..... X X X X Extracts X X X X X X X X Extracts X X X X
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