Rectification of estate duty valuation refused where the deceased's interest in housing property was debatable and not apparent from the record.

Rectification under section 61 of the Estate Duty Act, 1953 was not available to include Rs. 47,765 in the principal value of the estate because the deceased's interest in the housing property was itself debatable. The amount had been spent under a low-cost housing scheme under which the houses and land were to vest in the Board, so the deceased had no clear interest in the property for estate duty purposes. Since the alleged error was not an obvious or glaring mistake apparent from the record, rectification could not be sustained and the deletion was upheld in favour of the accountable person.

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Issues: Whether the inclusion of Rs. 47,765 in the principal value of the estate could validly be rectified under section 61 of the Estate Duty Act, 1953.

Analysis: The deceased had spent the amount under a low-cost housing scheme under which the houses constructed, together with the land, were to belong to and vest in the Board. On that basis, the deceased had no interest in the house property sought to be brought to tax. Even so, the existence and extent of any interest in the property was a debatable matter and not an obvious or glaring mistake from the record. A rectification under section 61 was therefore not permissible.

Conclusion: The inclusion could not be sustained by rectification under section 61 of the Estate Duty Act, 1953 and the deletion ordered in appeal was ; the issue is decided in favour of the accountable person.

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