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    <title>1986 (12) TMI 103 - ITAT NAGPUR</title>
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    <description>Reopening under the estate duty law was valid where the assessing authority relied on a later judicial decision stating the correct legal position, together with material showing under-valuation and escapement of duty. The residential-house deduction was not available because the deceased had already transferred possession and remained in the property only as a permissive occupant, not under an enforceable right of residence; the deeming inclusion of the house in the estate did not extend the exemption. Interest for delayed filing was not attracted to the reassessment, but relief for gift-tax paid had to be granted under the specific estate duty relief provision, not by reference to the gift-tax deduction rule.</description>
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    <pubDate>Wed, 24 Dec 1986 00:00:00 +0530</pubDate>
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      <title>1986 (12) TMI 103 - ITAT NAGPUR</title>
      <link>https://www.taxtmi.com/caselaws?id=70741</link>
      <description>Reopening under the estate duty law was valid where the assessing authority relied on a later judicial decision stating the correct legal position, together with material showing under-valuation and escapement of duty. The residential-house deduction was not available because the deceased had already transferred possession and remained in the property only as a permissive occupant, not under an enforceable right of residence; the deeming inclusion of the house in the estate did not extend the exemption. Interest for delayed filing was not attracted to the reassessment, but relief for gift-tax paid had to be granted under the specific estate duty relief provision, not by reference to the gift-tax deduction rule.</description>
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