PRINCE RANJITSINH P. GAEKWAD AND OTHERS vs COMMISSIONER OF WEALTH — 1971 PTD 1077

Citation: 1971 PTD 1077

Court: Gujarat High Court

Year: 1970

Decision Date: 1970-12-31

Parties: PRINCE RANJITSINH P. GAEKWAD AND OTHERS vs COMMISSIONER OF WEALTH JUDGMENT

Headnotes

Case cited as 1971 PTD 1077

Judgment Text

Court Name: Gujarat High Court Judge(s): P. N. Bhagabati, Divan Title:PRINCE RANJITSINH P. GAEKWAD AND OTHERS vs COMMISSIONER OF WEALTH JUDGMENT Reported As: 1971 PTD 1077 Result: N/A Judgment JUDGMENT DIVAN, J.-----Both these references arise in connection with the assessments under the Wealth Tax Act of three different members of the same family and in the case of each of the three assessee, the question has arisen under a separate trust deed created by the settlor in favour of the assessee concerned. Each of the three trust deeds is in identical terms except that in the case of the assessee in Wealth Tax Reference No. 5 of 1965, there is only one clause different from the two trust deeds in the case of the assessee in Wealth Tax Reference No. 3 of 1965. Since the questions arising in the two references are common and since the clauses of the trust deed which require interpretation are common, except for the one variation, we will dispose of both the references by this common judgment. The facts giving rise to this reference are that by three different trust deeds, all executed on February 28, 1958, the settlor, who was under an obligation to provide for the expenses of and incidental to the marriage of his two brothers and his sister, settled certain jewellery mentioned in the schedule to each of the three trust deeds on trust for the purposes set out in the three trust deeds ; and the jewellery was settled upon trust with a view to make due provision for the expenses…

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