Partnership goodwill interest may be treated as property passing on death when surrendered for inadequate consideration before death.

A partner's accrued interest in partnership goodwill is property for estate duty purposes, and a voluntary surrender of that interest for inadequate consideration shortly before death can amount to an extinguishment or disposition attracting tax. On the facts, the deceased accepted a substantially lower amount than the admitted goodwill share, and the benefit passed to continuing partners who were near relatives. The difference was therefore includible in the estate under the Estate Duty Act, and the deletion of the addition was unjustified. The reasoning distinguished gift-tax authorities because the Estate Duty Act applies a wider scheme to property passing on death.

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Issues: (i) Whether the retirement and dissolution arrangement, by which the deceased received Rs. 50,000 against an admitted goodwill share of Rs. 1,95,000, amounted to an extinguishment of rights in goodwill attracting estate duty under the Estate Duty Act, 1953; (ii) Whether the Tribunal was justified in deleting the addition of Rs. 1,45,000.

Issue (i): Whether the retirement and dissolution arrangement, by which the deceased received Rs. 50,000 against an admitted goodwill share of Rs. 1,95,000, amounted to an extinguishment of rights in goodwill attracting estate duty under the Estate Duty Act, 1953.

Analysis: Goodwill of a partnership firm is property and a partner has a marketable interest in it. Even where the partnership deed contains no special clause governing goodwill, the partner's right in goodwill subsists. Where an outgoing partner, shortly before death, relinquishes part of a matured right in goodwill for less than full value, the benefit passes to the continuing partners. Such a transaction is not a mere valuation dispute but a disposition of property for inadequate consideration. In the facts found, the deceased voluntarily accepted a substantially smaller amount three days before death, and the continuing partners were his sons.

Conclusion: The arrangement attracted the charging provisions of the Estate Duty Act and the difference between the admitted value and the amount received was liable to be included in the estate. This issue is answered in favour of the Revenue.

Issue (ii): Whether the Tribunal was justified in deleting the addition of Rs. 1,45,000.

Analysis: The Tribunal's view that the deceased had no further right in goodwill and that no extinguishment could arise was inconsistent with the broader definition of property and with the rule that a diminished right surrendered for the benefit of near relatives constitutes a taxable disposition under the Act. The authorities under gift-tax law were distinguishable because the Estate Duty Act uses a wider statutory scheme governing property passing on death.

Conclusion: The deletion of the addition was not justified and the addition was properly sustained. This issue is answered against the assessee and in favour of the Revenue.

Final Conclusion: The reference was answered by holding that the relinquished part of the goodwill formed property passing on death and the taxable addition was sustainable under the Estate Duty Act.

Ratio Decidendi: A partner's accrued interest in partnership goodwill is property for estate duty purposes, and where that interest is voluntarily surrendered for inadequate consideration shortly before death for the benefit of near relatives, the resulting benefit is a disposition or extinguishment taxable as property passing on death.

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