| Case ID |
1563ba09-6c7c-4daa-90f6-4205428e884e |
| Body |
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| Case Number |
WRIT PETITION No. 106 OF 1975 |
| Decision Date |
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| Hearing Date |
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| Decision |
The court held that the notice issued for reassessment under section 59 of the Estate Duty Act was time-barred as it was issued beyond the statutory limit prescribed in section 73A(b). The deceased passed away on July 12, 1968, and the original assessment was conducted on November 30, 1970. A reassessment was made on February 18, 1972, and another notice was issued on September 6, 1974. The court ruled that no reassessment proceedings could be initiated after the expiration of three years from the date of the original assessment, thereby quashing the notice issued on September 6, 1974. |
| Summary |
The case revolves around the interpretation of section 73A of the Estate Duty Act, 1953, particularly concerning the limitations on reassessment proceedings. The court analyzed the timelines of assessments and reassessments related to the estate of a deceased individual. Given that the original assessment was completed on November 30, 1970, the court emphasized that any reassessment should be initiated within three years from this date. The implications of this ruling are significant for estate duty assessments, highlighting the necessity for authorities to adhere strictly to statutory time limits to ensure fairness and legal compliance in tax matters. This case serves as a precedent for future cases involving reassessment under the Estate Duty Act, reinforcing the importance of timely actions by tax authorities. It underscores the judicial emphasis on the rule of law and the protection of taxpayer rights against arbitrary actions by the tax department. |
| Court |
Karnataka High Court
|
| Entities Involved |
Not available
|
| Judges |
Srinivasa Iyengar J.
|
| Lawyers |
G. Sarangan,
S.R. Rajasekhara Murthy
|
| Petitioners |
M.P. Jayaram
|
| Respondents |
Assistant Controller of Estate Duty
|
| Citations |
1980 SLD 697,
(1980) 121 ITR 661
|
| Other Citations |
Merla Sitarama Prasad v. ACED [1971] 80 ITR 672 (AP)
|
| Laws Involved |
Estate Duty Act, 1953
|
| Sections |
73A,
59
|