CONTROLLER OF ESTATE DUTY Vs. INDER JEET SINGH

JUDGEMENT

(1.) IN this petition, under Section 64(1) of the ED Act, 1953, the Tribunal has referred the following questions for our opinion :

(2.) ON the death of H.H. Maharaja Rana Harish Chandra, Accountable Person - -Inder Jeet Singh has submitted the return and claimed HUF status of the property left by H.H. Maharaja Rana Harish Chandra of Jhalawar and claimed that only 1/4th share of the property of HUF is liable to the. estate duty,' The Asstt. CED did not accept the claim of the Accountable Person and he treated the property left by H.H. Maharaja Rana Harish Chandra as property left by individual. During the course of assessment, the Asstt. CED also noticed that the deceased had left cash in hand Rs. 3,676 and money in bank Rs. 24,036 and the amount due in the insurance policy Rs. 1,28,296. The Asstt. CED has taken all those amounts as amounts belonged to H.H. Maharaja Rana Harish Chandra in his individual capacity and taxed accordingly,

(3.) THE Tribunal has confirmed the view taken by the Appellate CED, holding that the estate left by H.H. Maharaja Rana Harish Chandra belonged to the HUF and that estate has not been held by him in his individual capacity. The Tribunal has also accepted the claim of the Accountable Person that the money in hand and money in bank as well as amount of insurance policy belonged to HUF.