CONTROLLER OF ESTATE DUTY Vs. BANK OF INDIA

JUDGEMENT

(1.) THIS is a reference at the instant of the Department. Under section 64(1) of the Estate Duty Act, 1953, the Income -tax Appellate Tribunal has referred to this court the following two question of law : '1. Whether, on the facts and in the circumstances of the case, the Tribunal erred in holding that the Assistant Controller appeared to have reopened the assessment under both the clauses of section 59 ?

(2.) WHETHER , on the fact and in the circumstances of the case and after having held that the assessment had been reopened under section 59(a) for the purpose of withdrawing the deduction under section 33(1)(n), it was competent for the Tribunal to hold and /or the Tribunal rightly held that the proceedings appeared to have been reopened also under section 59(b) ?' 2. It may, at the outset, be mentioned that question No. 1 referred to our court by the Tribunal is not happily worded. In fact, the question suggested by the Department referred to in paragraph 10 itself is a better question and brings out the real controversy between the parties. Accordingly, we reframe the first question as under : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the Assistant Controller of Estate Duty had not validly initiated proceedings either under section 59(a) or 59(b) of the Estate Duty Act, 1953, in the instant case ?'

(3.) ACCORDINGLY , we answer the first question so reframed in the affirmative and in favour of the accountable person.