https://www.taxtmi.com/caselaws?id=21971 Estate duty liability is not deductible from the value of the estate because section 44 allows deductions only for debts and encumbrances when computing the net principal value, and estate duty does not fall within either category. The scheme of the Estate Duty Act treats the duty as a charge arising after deductible liabilities are taken into account, while section 74(1) makes it a first charge on immovable property passing on death. That ranking is inconsistent with treating the duty itself as a deductible item. The reference was answered in the negative, in favour of the Revenue. en-us Wed, 14 Jun 1989 00:00:00 +0530 Sat, 05 Dec 2009 12:02:13 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=21971 Estate duty liability is not deductible from the value of the estate because section 44 allows deductions only for debts and encumbrances when computing the net principal value, and estate duty does not fall within either category. The scheme of the Estate Duty Act treats the duty as a charge arising after deductible liabilities are taken into account, while section 74(1) makes it a first charge on immovable property passing on death. That ranking is inconsistent with treating the duty itself as a deductible item. The reference was answered in the negative, in favour of the Revenue. Case-Laws Income Tax Wed, 14 Jun 1989 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=21971