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Issues: (i) Whether exemption under section 33(1)(n) of the Estate Duty Act is confined to the deceased's share in a residential house belonging to a Hindu undivided family; (ii) Whether, for determining the rate of estate duty, the shares of the lineal descendants are to be aggregated with the deceased's share under section 34(1)(c) of the Estate Duty Act.
Issue (i): Whether exemption under section 33(1)(n) of the Estate Duty Act is confined to the deceased's share in a residential house belonging to a Hindu undivided family.
Analysis: The exemption under section 33(1)(n) applies only to property belonging to the deceased and passing on death. Read with section 39(1), the provision requires valuation of the deceased's interest in the house, not the entire house, where the property is coparcenary property in a Hindu undivided family. The statutory scheme and consistent authority support limiting the exemption to the deceased's fractional share.
Conclusion: The exemption is confined to the deceased's share and not to the entire residential house.
Issue (ii): Whether, for determining the rate of estate duty, the shares of the lineal descendants are to be aggregated with the deceased's share under section 34(1)(c) of the Estate Duty Act.
Analysis: Section 34(1)(c) specifically directs aggregation of the interests of all lineal descendants in coparcenary property for the limited purpose of determining the rate of estate duty. That aggregation operates in a different field from the exemption under section 33(1)(n) and does not amount to levying duty on the descendants' shares. The clear language of the provision and the uniform line of authority require aggregation.
Conclusion: The lineal descendants' shares are liable to be aggregated with the deceased's share for rate purposes.
Final Conclusion: Both questions were answered against the accountable persons and in favour of the Revenue, confirming that the residential-house exemption is limited to the deceased's share and that the descendants' interests are includible for rate computation.
Ratio Decidendi: Under the Estate Duty Act, exemption for a residential house owned by coparcenary property is limited to the deceased's interest, while the interests of lineal descendants must be aggregated separately for determining the rate of duty.
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