CONTROLLER OF ESTATE DUTY Vs. SARALA NAIR

JUDGEMENT

(1.) IN Original Petn. 6878/81 by an order dt. 27th Feb., 1985 this Court directed reference to the following question and it has come before us for its answer.

(2.) THERE was a cashew factory building at Calicut which was valued at Rs. 85,000 and from its inception it stood in the name of the wife of the deceased which became the subject matter of the proceedings under the ED Act as a result of the death on 11th Jan., 1973 of her husband.

(3.) WITH regard to this aspect the Asstt. CED by the order (Annex. A) found that as far as the deceased is concerned all along in the WT assessments the value of the property in question was shown in his return. The property was purchased in 1964 in the name of the wife in regard to which her husband deceased had no right in the property. The trial authority, as stated above, rejected the contention and thus the property its value at Rs. 85,000 was added in the taxable assets of the deceased.