TMI Blog1979 (4) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... m Khemka husband 2. Sri Rajaram Khemka son 3. Smt. Chand Dholatia married daughters 4. Smt. Annapurna Dalmia married daughters 3. On his part, Shri. Atmaram Khemka transferred, for a consideration of Rs. 20,000, his share in the estate of late Smt. Kesharbai Khemka, to his daughter-in-law, Smt. Shashi Khemka, the assessee. The assessee, Smt. Shashi Khemka, filed the returns of her net wealth for the years under appeal and she herself mentioned this fact of purchase of 1/4th share in estate of late Kesharbai Khemka which was purchased from her father-in-law, Sri Atmaram Khemka for consideration. She also admitted that the said 1/4th share belonged to her but she had not given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1/4th share of Shri Atmaram Khemka in the estate of Smt. Kesharbai Khemka for a consideration of Rs. 20,000. The original deed of conveyance effecting the said sale and/or assignment was produced before the WTO for verification and a copy of the same was placed on record. 8. The WTO held that the assessee's share in the estate was determinable and was liable to be taxed in her hands and, according to the WTO s. 19A of the WT Act, 1957 (hereinafter referred to as 'Act') was not applicable to the case of the assessee as she was not a beneficiary of the estate left by late Kesharbai Khemka. 9. On appeal before the AAC it was argued that the inclusion of the value of 1/4th share in the estate of late Kesharbai Khemka, acquired by the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall continue to be assessed as such till the complete distribution of the assets to the beneficiaries being treated as an individual as provided in sub-s. (2), and so no addition could be made to the estate of the appellant. 4. For that it should have been appreciated that Atmaram Khemka from whom the appellant made a purchase by deed dt. 20th April, 66, had a determinate 1/4th share as a beneficiary in the said estate, and by the purchase, the appellant simply stepped into his shoes without in any way affecting s. 19A. Ground taken for other years are similar except the figures of additions, such as, additions for the asst. yr. 1970-71 is Rs. 15,465; for the asst. yr. 1971-72 the addition is of Rs. 19,816 and the addition for the ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded in the wealth of the assessee. He has also specifically drawn our attention to sub-s. (6) of s. 19A of the Act, which reads "in computing the net wealth of any valuation date under this section, any assets of the estate distributed to, or applied to the benefit of, any specific legatee of the estate prior to that valuation date shall be excluded, but the assets so excluded shall, to the extent such assets are held by the legatee on any valuation date, be included in the net wealth of such specific legatee on that valuation date." He has also contended before us that if at all 1/4th share belonging to the assessee in the estate was to be taken it should be taken for rate purpose only or else the assessee be taken as a legatee and her sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tral Act No. XXXIX of 1925), an 'administrator' has been defined as "as person appointed by competent authority to administer the estate of a deceased person when there is no executor", and under s. 2 (c) of the same Act, an 'executor' has been defined as "a person to whom the execution of the last will of a deceased person is, by the testator's appointment, confided." s. 217 of the Indian Succession Act provides for administration of estates in case of persons by dying intestant. The said section is being reproduced below for ready reference: s.218 (1) "If the deceased has died intestate, was a Hindu, Muhammadan, Buddhist, Sikh or Jaina or an exempted person, administration of his estate may be granted to any person who according to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered assignment deed and accordingly, she does not fit into the definition of 'legatee' within the meaning of sub-s.(6) of s. 19A of the Act. We are also of the opinion that the share in the estate of late Kesharbai Khemka, which the assessee acquired from her father-in-law, has rightly been included and assessed as her wealth and the contention of the learned counsel for the assessee that it could be included for rate purposes only does not seem to be tenable in the light of our above discussion and solely on the ground that the estate has also been subjected to wealth-tax as a separate entity. We therefore, uphold the orders of the authorities below. 15. In the result, all the four appeals by the assessee fail and are hereby dismissed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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