ABBAS ALI MEERZA Vs. CONTROLLER OF ESTATE DUTY

JUDGEMENT

(1.) THIS is a reference made by the Central Board of Revenue, New Delhi, under Section 64 (1) of the Estate Duty Act, 1953 (as it stood prior to the amendment by the Estate Duty (Amendment) Act of 1958), hereinafter referred to as the Act. The question referred by the Board for the opinion of this Court is as follows:

(2.) THE material facts are as follows. THE three properties mentioned in the question referred to above, originally, formed a part of the estate of the deceased the late Shri Ishaque Ali Meerza (hereinafter referred to as the deceased) who died on December 2, 1954. THE applicant, Shri Abbas Ali Meerza, is the son of the deceased and an accountable person under the Act. THE accountable person submitted a return before the Assistant Controller of Estate Duty, Lucknow, for the purpose of assessment of estate duty under the Act THE Assistant Controller completed the assessment determining the principal value of the dutiable estate at Rs. 2,11,558. THE estate duty payable on the estate was computed at Rs. 10,194.75. THE accountable person eventually took the assessment to the Central Board of Revenue in second appeal and contended that the following three properties were not liable to be included in the dutiable estate:

(3.) AT the instance of the accountable person the Board has referred the question, quoted above for the opinion of this Court.