SITADEVI Vs. COMM IT CED

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Indore Bench, Indore, has referred the following question at the instance of the accountable person, arising out of the order of the Tribunal dated October 19, 1994, in EDA No. 9/Ind. of 1989, for the opinion of this court :

(2.) ONE Shri Hiranand expired on July 30, 1981. The Assistant Controller of Estate Duty issued a notice under Section 55 of the Estate Duty Act, 1953 (hereinafter referred to as the "Act"), on December 19, 1983, to Smt. Sitabai, accountable person, to make compliance by January 20, 1984. Smt. Sitabai failed to comply with the notice and eventually the Assistant Controller of Estate Duty issued notice under Section 59 on June 5, 1987, requiring her to deliver an account of the property by June 26, 1987. The accountable person requested for extension of 15 days on June 22, 1987, but still no account of the estate was filed. The Assistant Controller of Estate Duty, therefore, completed the assessment under Section 58(4) on July 14, 1987, determining the net principal value of the estate passing on the death of the deceased at Rs. 3,76,350.

(3.) WE have heard the parties and perused the record.