CONTROLLER OF ESTATE DUTY Vs. KRISHNA KUMARI DEVI

JUDGEMENT

(1.) AT the instance of the Revenue, the following question has been referred to the High Court for its opinion :

(2.) IN order to appreciate the background in which the aforesaid question had been raised, we may give the family pedigree and interest in the joint family property of the lineal descendants of the deceased, Bhakt Sajjan Krishna, who died on August 3, 1979, as follows:

(3.) IN appeal, the judgment of the Assistant Controller on the point aforesaid was reversed and 27/60, as the share of the lineal descendants was included while determining the principal value of the estate of the deceased. IN second appeal, the INcome-tax Appellate Tribunal took the same view holding that 27/60 and not 3/5ths was includible for rate purposes under Section 34(1)(c) of the Act. It was thereafter on the reference application made by the Revenue that this case has come to this court.