Estate duty evidence: prior wealth-tax assessment can support a finding that jewellery passed on death.

Under the Estate Duty Act, property left by a deceased or deemed to have passed on death is chargeable to duty, and the estate value must be determined from the material on record. A prior wealth-tax assessment is not conclusive, but it has probative value and may be relied on with surrounding circumstances. Here, the accountable person's claim of jewellery depletion was unsupported by credible evidence, while the deceased's earlier wealth-tax returns, the final assessment of jewellery at Rs. 1,00,000, and the absence of proof of sale or gift supported the finding that the jewellery formed part of the estate. The Tribunal's factual finding was held to be reasonable and not open to interference in reference jurisdiction.

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Issues: Whether the Tribunal was justified in holding that jewellery worth Rs. 1,00,000 formed part of the estate that passed on the death of the deceased.

Analysis: Under the Estate Duty Act, property left by a deceased or deemed to have passed on death is exigible to duty, and the value of the estate is to be determined on the material on record. A prior wealth-tax assessment, though not conclusive by itself, has probative value and can be relied upon with surrounding circumstances. The accountable person's case of depletion of jewellery was unsupported by satisfactory evidence, while the deceased's earlier wealth-tax returns, the final assessment at Rs. 1,00,000, and the absence of credible proof of sale or gift furnished relevant material. The Tribunal, as the final fact-finding authority, considered the evidence on both sides and did not act on conjecture or surmise.

Conclusion: The finding that jewellery worth Rs. 1,00,000 passed on the death of the deceased was a reasonable finding of fact and could not be interfered with in reference jurisdiction; the question was answered against the accountable person.

Ratio Decidendi: In estate duty proceedings, a final wealth-tax assessment may be relied upon as probative evidence, along with surrounding circumstances, to support a finding that property passed on death, and such a factual finding will not be disturbed unless it is perverse or unsupported by relevant material.

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