RAJAM T S Vs. CONTROLLER OF ESTATE DUTY

JUDGEMENT

(1.) THE propriety and legality of the exercise of jurisdiction by the revenue under section 62 of the Estate Duty Act, 1953, is challenged in these proceedings. THE relevant facts are as follows :

(2.) WHETHER, on the facts and circumstances of the case, the inclusion of the sum of Rs. 1,58,000 as property deemed to pass on the death of the deceased under section 9 read with section 27 of the Act was in accordance with the law ?"

(3.) THUS, the section vests in the Controller jurisdiction to rectify (a) any mistake apparent from the record, (b) any mistake in the valuation of any property in any case other than a case in which the valuation has been the subject of an appeal under the Act and (c) any omission of any property. The Controller might rectify such above mistakes or omission either suo motu or on application of the aggrieved person and after obtaining the previous approval of the Board. In normal cases, the period of limitation for the exercise of such jurisdiction is three years; but where the accountable person had fraudulently under-estimated the value of the property or omitted any property, the period is six years. In any event, the accountable person has to be heard before any order is passed by the Controller. Section 62(2) is not relevant for consideration in the instant case.