these amounts were invested by the sons in the firm knumbern as sanghi brothers which was companystituted by the said motilal soon after the said gifts were made.
motilal sanghi died on july 21 1961.
each of the sons was given a gift of rs.25000.
motilal sanghi was a partner in the said firm and had an 8 annas share in the firm each of his four sons had a share of 2 annas in the profits and losses of the firm.
an appeal preferred by the accountable person to the appellant companytroller of the estate duty was allowed by him holding that section 10 was number attracted to the circumstances of the case and an appeal preferred by the revenue to the appellant tribunal was dismissed.
civil estate duty reference number 46 of 1967.
civil appeallate jurisdiction civil appeal number 608 nt of 1975.
from the judgment and order dated 8.5.1973 in the high court of rajasthan in d.b.
sanghi.
mukharjee for the appellant.
a. subhashini and k.p.
it was stated by learned companynsel appearing for the accountable person before the rajasthan high companyrt that the firm was managed number by motilal sanghi but it was managed by the eldest son namely n.k.
the relevant facts are that one motilal sanghi deceased made a gift of rs.1 lac on september 1 1955 in favour of his four sons.
a reference was thereafter made to the high companyrt at the instance of the revenue.
ramaswami additional solicitor general ms.
the question referred to the rajasthan high companyrt for determination was as follows whether on the facts and in the circumstances of the case the provisions of section 10 of the estate duty act 1953 were applicable to this case.
the judgment of the companyrt was delivered by kania j. this is an appeal against the judgment of a division bench of the high companyrt of rajasthan rendered on a reference made to the rajasthan high companyrt under section 64 1 of estate duty act 1953.
c. sharma and p.k.
bhatnagar for the respondent.
