CONTROLLER OF ESTATE DUTY Vs. RAMENDRA NATH MALIAH

JUDGEMENT

(1.) IN this reference under S. 64(1) of the ED Act, 1953, the following question of law has been referred to this Court:

(2.) SHORTLY stated, the facts are that the deceased K.K. Malaih died on 11th Feb., 1980. The Asstt. CED in his original order computed the value of the dutiable estate of the deceased at Rs..3,16,919 which included Rs.1 lakh, being the value of a residential house. The deceased was a licensee in the said house property and entered into an agreement for purchase of a portion of the same for Rs.1 lakh. A sum of Rs.90,000 was paid and the balance of Rs..10,000 was to be paid at the time of registration. However deduction under S. 33(1)(n) of the Act was allowed by the Asstt. CED in respect of the value of the said house property. Subsequently the Asstt. CED passed an order under S. 61 of the Act treating the sum of Rs.90,000 as an advance made by the deceased as on the date of death and withdrew the deduction allowed under S. 33(1)(n). On appeal, the Appellate CED confirmed the order of the Asstt. CED.

(3.) NONE appeared on behalf of the assessee. At our request, Mr.R.N. Bajoria, the learned counsel, has assisted this Court and this Court records its appreciation for the assistance rendered by him.