ANANT KUMAR HAZRA Vs. CONTROLLER OF ESTATE DUTY

JUDGEMENT

(1.) This is a reference, under Section 64(1) of the Estate Duty Act, 1953, made in circumstances hereinafter stated.

(2.) One Satish Chandra Hazara died on July 28, 1956. At the time of his death he owned various movable and immovable properties. The Assistant Controller of Estate Duty Calcutta who was the assessing authority, determined the principal value of the estate at Rs. 6,60,597 and the duty payable thereon as Rs 83,180 10 P.

(3.) In arriving at the principal value of the estate, the Assistant Controller: (1) added back a sum of Rs 35.000 to the amount of 'cash in house' namely a sum of Rs. 10,216 only as shown in the statement of account in Form E D 1 on the following ground: