OFFICIAL TRUSTEE Vs. CONTROLLER OF ESTATE DUTY

JUDGEMENT

(1.) IN this reference under S. 64(1) of the ED Act, 1953 (hereinafter referred to as the Act), the following question has been referred to us by the CBDT:

(2.) THE facts giving rise to this reference are as, follows :

(3.) IT may be mentioned that, according to the order passed by the Assistant Controller in the present proceedings, in paragraph 6 it has been stated that before the assessment in the present case was taken up, the estate duty assessment of Jarbanoo was completed by another Assistant CED and, in that case, the Assistant Controller raised the duty on 50 per cent. of the corpus minus the value of the corpus proportionate to produce the annuity of Rs. 825 per quarter payable to the Parsi Panchayat as it was then payable. It is, therefore, clear that in the estate duty proceedings relating to the estate of Jarbanoo, the Revenue proceeded on the footing that Jarbanoo had brought in 50 per cent. of the property settled upon trust in 1936, the remaining 50 per cent. having been brought in by Mary, the deceased concerned in the instant case.