LAWS(BOM)-1992-10-33

CONTROLLER OF ESTATE DUTY Vs. GANGABISHAN CHAMPALAL BAJAJ

Decided On October 19, 1992
CONTROLLER OF ESTATE DUTY Appellant
V/S
GANGABISHAN CHAMPALAL BAJAJ Respondents

JUDGEMENT

(1.) AT the instance of the CED, Nagpur, the following questions have been referred under S. 64 of the ED Act, 1953 :

(2.) THE late Shri Mathuradas Bajaj died on 23rd July, 1961. His sons voluntarily filed an estate duty account on 25th Oct., 1971, i.e., after more than ten years of the death. Assessment was completed by the Asst. CED on 29th April, 1973. The Appellate Controller cancelled the assessment as time barred under S. 73A of the Estate Duty Act. The said order was maintained by the Tribunal.

(3.) UNDER the circumstances, both the questions are answered in the affirmative and in favour of the accountable person. No order as to costs. *****