1970 (11) TMI 3 - HC - Income Tax

Mandamus petition dismissed for lack of effort in repatriating assets. Petitioner ordered to pay Counsel's fee.

The court dismissed the mandamus petition on estate duty payment due to lack of sufficient efforts by the petitioner to repatriate assets. The petitioner ... Estate Duty Act, 1953 - assets in Ceylon - remittance from Ceylon - benefit of section 73(3) - accountable person takes no steps to get the assets in Ceylon repatriated to India - petitioner must show bona fides on his part that, in spite of his effort taken to get the permission of the Central Bank of Ceylon, be could not succeed. But, unfortunately, the materials on record before us only show that he has not made any such effort The court dismissed the petition for a mandamus regarding estate duty payment as the petitioner did not make sufficient efforts to repatriate Ceylon assets to pay the duty. The petitioner was required to show bona fide efforts to obtain permission from the Central Bank of Ceylon, but no such efforts were made. The petition was dismissed with costs of Counsel's fee Rs. 250.