https://www.taxtmi.com/caselaws?id=28856 For estate duty purposes, an amount treated as undisclosed income in income-tax settlement proceedings cannot be included in the principal value of the estate unless the Revenue proves that it actually existed as an asset on the date of death. A settlement or addition in income-tax proceedings, by itself, does not establish that the amount remained in the form of cash or investment when the deceased died. The initial burden lies on the Revenue to show the asset's existence on the relevant date; only then does any burden shift to the accountable persons to explain its disposal. On the stated facts, that proof was absent, so inclusion in the estate was not sustainable. en-us Tue, 27 Jul 1982 00:00:00 +0530 Mon, 08 Mar 2010 11:43:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=28856 For estate duty purposes, an amount treated as undisclosed income in income-tax settlement proceedings cannot be included in the principal value of the estate unless the Revenue proves that it actually existed as an asset on the date of death. A settlement or addition in income-tax proceedings, by itself, does not establish that the amount remained in the form of cash or investment when the deceased died. The initial burden lies on the Revenue to show the asset's existence on the relevant date; only then does any burden shift to the accountable persons to explain its disposal. On the stated facts, that proof was absent, so inclusion in the estate was not sustainable. Case-Laws Income Tax Tue, 27 Jul 1982 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=28856