Supreme Court of India
Dipti Narayan Srimani v. Controller of Estate Duty, West Bengal
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that while the High Court was right in its view that the properties covered by the deed dated 21.9.1953 were required to be brought to charge under Section 12(J), we are unable to agree with the reasoning of, and the conclusion reached by, the High Court in regard to the properties covered by.the deed dated 4.10.1953.
Judgment, page 18
From the headnote
Esta.le Duty Act, 1953-Section 12(1) Requirements of-Section · 12(1) does not draw-upon the incidents and implications of "settled property" for satisfaction of its requirements-Section 12( 1)-Property covered by settlement need not he "settled property" as defined in sec tion 2(19)-The incidents of "settled property" defined by sec. 2(19) need not be incorporated into· the ingredients 'of sec. 12( 1)-Require ments of Section 12(1) will be satisfied if there is settlement as defined under 2nd Part of Sec. 2(19) rind if, there is reservation of an int~rest by the sett/or in addition. -
Authorities it was built on
Where later benches applied it
- 2016 Jabal C. Lashkari & Ors. v. Official Liquidator & Ors.
- 1998 Trustees of H.E.H. Nizam's Pilgrimage Money Trust, Hyderabad v. Collector of Estate Duty, Hyderabad
Of those, 2 mentioned
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