| Case ID |
098387f6-e016-4d9c-ba1f-55de87681d28 |
| Body |
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| Case Number |
MISC. CIVIL CASE NOS. 29 AND 30 OF 1978 |
| Decision Date |
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| Hearing Date |
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| Decision |
The Madhya Pradesh High Court directed the Tribunal to state the case and refer a question of law concerning the existing liability of the estate of the deceased to the extent of Rs. 7 lakhs, which was deductible in the computation of the estate duty payable. The court found that the issue of whether this liability should be considered in the estate duty computation was a question of law arising from the Tribunal's order. The claim for deduction was initially rejected by the Assistant Controller, but the Appellate Controller allowed a partial deduction, which was ultimately reversed by the Tribunal in favor of the accountable person. The court emphasized the need for clarity on this legal question and mandated the Tribunal to submit the case for further examination. |
| Summary |
This case revolves around the interpretation of the Estate Duty Act, 1953, focusing on Section 64(3), which addresses the deductibility of certain liabilities in computing estate duty. The case originated from a trust established by the father of the deceased, which was entitled to certain shares that were sold by the deceased's brother. The trust sought to recover the value of these shares through legal proceedings, which culminated in a decree in favor of the trust. The main legal question was whether the Rs. 7 lakhs liability should be deductible from the deceased's estate for estate duty purposes. The court's decision underscores the importance of legal clarity in estate matters, particularly in cases involving trusts and inherited assets. Keywords include estate duty, trust recovery, legal liability, taxation law, and property inheritance. |
| Court |
Madhya Pradesh High Court
|
| Entities Involved |
Not available
|
| Judges |
G.G. Sohani,
K.N. Shukla
|
| Lawyers |
S.C. Bagadiya,
G.M. Chaphekar
|
| Petitioners |
Controller of Estate Duty
|
| Respondents |
Begum Suraiya Rashid
|
| Citations |
1983 SLD 663 = (1983) 139 ITR 613
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| Other Citations |
Not available
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| Laws Involved |
Estate Duty Act, 1953
|
| Sections |
64(3)
|