GANGADHARAN PILLAI P Vs. CONTROLLER OF ESTATE DUTY

JUDGEMENT

(1.) THESE two reference arise out of an order passed by the Central Board of Revenue on April 16, 1960, in Estate Duty Appeal No. KL 28; and they relate to the assessment of estate duty under the Estate Duty Act, 1953 (hereinafter referred to as the Act) on the property passing on the death of one Sri Parameswaran Pillai of Quilon, who died on May 13, 1956. The applicant in these references is one of the accountable persons. He delivered to the Assistant Controller of Estate Duty, Ernakulam, a statement of account of all the properties in respect of which the estate duty is payable, showing a total value of Rs. 2,04,861. After scrutiny of the statement, and giving the accountable persons due opportunity of being heard in the matter, the Assistant Controller determined the principal value of the estate at Rs. 9,16,321, and the estate duty payable thereon at Rs. 1,33,560.

(2.) THE controversy before the Assistant Controller related only to the following matters :

(3.) THE above O. P. was allowed. Accordingly, the Central Board, by its letter dated October 23, 1967, referred these four questions also to this court, along with a statement of the case. This reference is I. T. R. No. 89 of 1967. We shall now proceed to give our decision on the questions referred in these two references.