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Issues: Whether the assessment made under section 58(3) of the Estate Duty Act, 1953, was time-barred within the meaning of section 73A of the Act.
Analysis: The relevant question was whether the bar of limitation in section 73A applied to proceedings arising from a voluntary return filed by the accountable person and the subsequent application connected with succession-related certification, or only to proceedings commenced at the instance of the Controller. Reading sections 56, 57(2), 58(3), 59, 67 and 73A together, the Court followed the earlier interpretation that section 73A bars only Controller-initiated proceedings for levy of estate duty and does not defeat the statutory machinery that operates when the accountable person himself sets the process in motion. The fact that no application had been made to a civil court was held to be immaterial.
Conclusion: The assessment was not time-barred under section 73A and the question was answered in the negative, in favour of the Revenue.
Ratio Decidendi: Section 73A of the Estate Duty Act, 1953 does not apply to proceedings for levy of estate duty that arise otherwise than at the instance of the Controller, including proceedings initiated through the accountable person's own return or application under the statutory scheme.
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