Quick succession relief must be computed on the same property value included in both estate duty assessments.

Quick succession relief under section 31 of the Estate Duty Act, 1953 applies to the same property as included in both successive estates. Where the property in question cannot be precisely identified, as with deposits or bank balances subject to variation, the relief is computed on the value actually brought into the second assessment. If that second assessment already includes half the property value without any reduction for estate duty attributable to the first estate, no further deduction from that amount is permissible. The relief is therefore limited to the amount common to both assessments, and the departmental objection fails.

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Issues: Whether, for the purpose of quick succession relief under section 31 of the Estate Duty Act, 1953, any further deduction on account of estate duty liability relatable to the first estate could be made from the value of the property included in the second assessment.

Analysis: Quick succession relief is available in respect of the same property being included in both assessments following successive deaths. The property common to both estates was not capable of precise identification in the circumstances, particularly where deposits and bank balances were involved and the amounts were subject to accretion and variation. More importantly, the second assessment had already included half the value of the property without reducing it by any proportionate estate duty paid or payable in the first estate. In that situation, there was no basis for a further deduction from the same amount while computing the relief, because the relief had to be worked on the very amount brought to tax in both assessments.

Conclusion: No further deduction on account of estate duty liability from the amount included in the second assessment was permissible for computing quick succession relief; the departmental objection failed.

Final Conclusion: The claim for quick succession relief stood on the value included in both assessments, and the appeal by the department was rejected.

Ratio Decidendi: For quick succession relief under section 31 of the Estate Duty Act, 1953, the relief must be computed on the same property as included in both assessments, and once the second assessment includes that value without deduction for the first estate duty, no additional deduction from that value can be made for the relief.

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