CEO JODHPUR Vs. MD AJEET SINGH

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE aforesaid three cases arise out of the order of Income Tax Appellate Tribunal, Jaipur Bench, Jaipur dated 12. 5. 1997 related to the Estate Duty case of Late M. D. Ajit Singh, who expired on 19. 4. 1978.

(3.) YET another application under Sec. 64 (3) has been moved by the revenue which is Estate Duty Reference Application No. 16/98. As the application has been moved by the revenue for stating the case and referring following question as a question of law arising out of its appellate order but was also rejected by the Tribunal by separate order dated 21. 5. 1998, and the application arose out of the same order in respect of which the Tribunal has submitted a reference, this application has also been directed to be listed alongwith aforesaid two cases to be heard together. " Whether on the facts and in the circumstances of the case the ITAT is legally justified in giving the finding that no interest is chargeable under Sec. 53 (3) of the E. D. Act where the accountable persons have neither sought extension of time nor any time has been granted for delivering account of all properties in respect of which Estate Duty is payable?"