Estate Duty limitation under section 73A invalidated a belated assessment and supported cancellation of the demand.

Section 73A of the Estate Duty Act requires proceedings to be initiated by notice or by return within five years of the deceased's death. As the return in this matter was filed after expiry of that period and no notice was issued in time, the assessment was held to be beyond limitation. The appellate authorities were therefore justified in treating the assessment as invalid, and the cancellation of the assessment was upheld in favour of the accountable person.

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Issues: Whether the assessment made under the Estate Duty Act was barred by limitation under section 73A, and whether the cancellation of the assessment was justified.

Analysis: Section 73A contemplates initiation of proceedings either by a notice or by a return, and both modes must be invoked within five years of the deceased's death. In the present case, the return was filed long after the expiry of that period, and no notice was issued within time. The assessment was therefore beyond limitation, and the appellate authorities were justified in treating it as invalid.

Conclusion: The questions were answered in the affirmative and against the Revenue, with the result that the assessment remained time-barred and the cancellation of the assessment was upheld in favour of the accountable person.

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