LAWS(CAL)-1991-12-4

JAI KUMAR KARNANI Vs. CONTROLLER OF ESTATE DUTY

Decided On December 04, 1991
JAI KUMAR KARNANI Appellant
V/S
CONTROLLER OF ESTATE DUTY Respondents

JUDGEMENT

(1.) In this reference under Section 64(1) of the Estate Duty Act, 1953, at the instance of the assessee, the following four questions have been referred to this court :

(2.) The facts from which the first question arises are as under : In determining the principal value of the dutiable estate passing on death, the additional compensation received for acquisition of lands under the Land Acquisition Act at Ramrajatalla, Sodepur, Panihati and Sukchar, belonging to the deceased was included in the estate.

(3.) The property at Ramrajatala vested in the Government of India on and from May 31, 1943, by virtue of acquisition under the Land Acquisition Act. The Collector awarded as compensation a sum of Rs. 2,35,214 which the deceased's Hindu undivided family had received under protest. On appeal, the District Judge awarded an additional compensation of Rs. 11,89,232 by an order dated September 18, 1971. The Government of India, however, preferred an appeal against the award before this court and it is still pending. Meanwhile, the said award and decree of the District Judge was attached by some creditors and was sold in public auction for Rs. 7,50,000 in May, 1972. The deceased, however, died on July 8, 1966, i.e., six years before the award of the District Judge was passed.