URMILA RANKA Vs. CONTROLLER OF ESTATE DUTY

JUDGEMENT

(1.) ON an application filed under Section 64(6) of the Estate Duty Act, 1953, the Tribunal has referred the following questions for the opinion of this court :

(2.) IN the case in hand, the facts are that one Shri Prakashmal Nahata died on September 6, 1970. There are eight accountable persons. Smt. Urmila Nahata was the wife of the deceased and she filed the estate duty return in respect of the properties, which according to her belong to her husband, on which estate duty was payable. The said accountable person has declared l/3rd share in Nahata Bhawan, Chopasani Road, Jodhpur, at Rs. 98,000, which includes the property of the deceased, Prakashmal Nahata. The Estate Duty Controller issued notices under Sections 59 and 55 to other accountable persons, who are the successors to the property of the deceased, Prakashmal Nahata.

(3.) THEREAFTER a miscellaneous application has been moved by the accountable persons that the property in question be valued as per Rule 1BB of the Wealth-tax Rules and multiplier should be taken ten times of the part of the property, which has been passed on to the accountable persons. That miscellaneous application also has been rejected by the Tribunal.