Rajasthan High Court - Jaipur
Commissioner Of Income Tax, Jaipur vs Gulab Chand Mehtab Bai on 12 October, 2001
Equivalent citations: (2004)186CTR(RAJ)783, 2002(1)WLC328, 2002(1)WLN594
Author: Ar. Lakshmanan
Bench: Ar. Lakshmanan
JUDGMENT Lakshmanan, C.J.
(1). We have perused the order passed by the Income-lax Appellate Tribunal. The answer given by the Tribunal in para 3 itself is self evident. The" Tribunal has observed that on the death of one of the beneficiaries Smt. Sushila Devi, 5% share in the Trust was to be allocated in the name of her heirs whatsoever may be their number and whatsoever may be their proportion of share in her estate dying intestate. Thus, the proportion of share given to Smt. Sushila Devi has to be distributed amongst her heirs as per the personal law of the deceased. There cannot be any doubt about the fact that merely because one of the known beneficiaries whose share is specified, if dies and such beneficiery's interest devolve on the deceased heir or heirs as the case may be, the specified trust would not become unspecified trust because in place of the deceased beneficiary her legal heirs are substituted. The answer to the question being obvious, it is not required to be referred to this Court.
(2). The reference application is rejected.