Estate duty exemptions: both clause-based exemptions may be claimed concurrently for eligible rulers under Section 33. The Board instructs that both exemptions under clause (1) and clause (n) of Section 33 may be granted concurrently where the respective conditions of each clause are satisfied. This position rests on the statutory phrasing providing exemptions 'to the extent specified against each,' the absence of any textual restriction limiting applicability to a single clause, and the interpretive principle favouring the taxpayer where two readings are possible; taxation by implication is not recognised absent explicit statutory language.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Estate duty exemptions: both clause-based exemptions may be claimed concurrently for eligible rulers under Section 33.
The Board instructs that both exemptions under clause (1) and clause (n) of Section 33 may be granted concurrently where the respective conditions of each clause are satisfied. This position rests on the statutory phrasing providing exemptions "to the extent specified against each," the absence of any textual restriction limiting applicability to a single clause, and the interpretive principle favouring the taxpayer where two readings are possible; taxation by implication is not recognised absent explicit statutory language.
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