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    <title>1964 (7) TMI 38 - CALCUTTA HIGH COURT</title>
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    <description>Rectification of an estate duty assessment was unavailable where the claim fell outside the unamended three-year period counted from the first determination of duty, the relevant valuation had already been appealed, and the application was framed as a refund claim rather than a proper rectification request. The later amendment enlarging the rectification period was held to be substantive, not declaratory, and therefore operated only prospectively from 1 July 1960; it could not revive earlier assessments. Section 50 was also read as referring to probate duty actually paid, not merely payable. On these statutory conditions, the rectification and refund claim failed.</description>
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    <pubDate>Thu, 09 Jul 1964 00:00:00 +0530</pubDate>
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      <title>1964 (7) TMI 38 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=152795</link>
      <description>Rectification of an estate duty assessment was unavailable where the claim fell outside the unamended three-year period counted from the first determination of duty, the relevant valuation had already been appealed, and the application was framed as a refund claim rather than a proper rectification request. The later amendment enlarging the rectification period was held to be substantive, not declaratory, and therefore operated only prospectively from 1 July 1960; it could not revive earlier assessments. Section 50 was also read as referring to probate duty actually paid, not merely payable. On these statutory conditions, the rectification and refund claim failed.</description>
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      <pubDate>Thu, 09 Jul 1964 00:00:00 +0530</pubDate>
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