CONTROLLER OF ESTATE DUTY Vs. SCHIDANANDAM S

JUDGEMENT

(1.) IN this reference under Section 64(1) of the E.D. Act, the following questions have been referred for the opinion of this court:

(2.) WHETHER, on the facts and in the circumstances of the case, the order of the Appellate Controller has been rightly upheld ?"

(3.) AGAINST this order of the Appellate Controller dated 30th August, 1969, the department appealed to the Tribunal contending that the Appellate Controller, having held that the assessment under Section 58(4) was justified, should not have reduced the quantum of the principal value of the estate. The Tribunal considered this question and came to the conclusion that in the absence of a provision for setting aside an assessment made to the best of judgment under Section 58(4) as in the I.T. Act the Appellate Controller had ample powers not only to take into consideration the materials on record but also to make such further enquiries as he thought fit. The result was that the appeal filed by the revenue against the order of the Appellate Controller was dismissed. The two questions referred arise out of this order of the Tribunal.