| Case ID |
00883539-874d-4c63-94a0-a6ed7ed84d60 |
| Body |
View case body. Login to View |
| Case Number |
ESTATE DUTY REFERENCE No. 460 OF 1972 |
| Decision Date |
Apr 22, 1981 |
| Hearing Date |
|
| Decision |
The court held that the deceased was the real owner of the National Savings Certificates and Postal Cash Certificates, which were included in the estate for the purposes of estate duty. The Tribunal's finding that the property in the certificates did not pass upon the deceased's death was overturned, affirming the position that the certificates were indeed part of the estate. The reference was decided against the accountable person, reinforcing the legal understanding of property ownership and estate duty obligations. |
| Summary |
This case revolves around the interpretation of the Estate Duty Act, specifically sections 5 and 6, concerning property passing on death. The deceased had purchased National Savings Certificates and Postal Cash Certificates in the names of his two minor sons, which became a point of contention upon his death. The Assistant Controller and Appellate Controller argued that the sons were merely benamidars and included the value of the certificates in the estate. However, the Tribunal disagreed, stating there was no evidence of a transfer of ownership before death. Ultimately, the Calcutta High Court ruled that the deceased was the true owner, and the certificates were liable for estate duty. This case highlights the complexities of estate law, particularly around ownership and transfer of assets, and serves as a significant precedent in understanding estate duty liabilities. |
| Court |
Calcutta High Court
|
| Entities Involved |
Not available
|
| Judges |
Sabyasachi Mukharji,
Sudhindra Mohan Guha
|
| Lawyers |
Ajit Sengupta,
B.K. Naha
|
| Petitioners |
Not available
|
| Respondents |
Ramendra Nath Banerjee
|
| Citations |
1982 SLD 771,
(1982) 133 ITR 38
|
| Other Citations |
CED v. Aloke Mitra [1980] 126 ITR 599 (SC),
Aloke Mitra v. CED [1974] 82 ITR 430 (All.)
|
| Laws Involved |
Estate Duty Act, 1953
|
| Sections |
5,
6
|