https://www.taxtmi.com/caselaws?id=38541 Estate duty payable on a deceased person's estate is not deductible in computing the principal value of the estate under the Estate Duty Act, 1953. The court reasoned that section 44 permits deduction only for debts and encumbrances within its scope, and estate duty is a statutory liability arising on death rather than a debt of the deceased or an encumbrance created by the deceased. Section 74(1) was also read as showing that estate duty is a first charge only after allowable debts and encumbrances, confirming that the legislature did not intend it to be deducted under section 44. The issue was answered in favour of the Revenue. en-us Thu, 05 May 1977 00:00:00 +0530 Wed, 07 Apr 2010 11:31:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=38541 Estate duty payable on a deceased person's estate is not deductible in computing the principal value of the estate under the Estate Duty Act, 1953. The court reasoned that section 44 permits deduction only for debts and encumbrances within its scope, and estate duty is a statutory liability arising on death rather than a debt of the deceased or an encumbrance created by the deceased. Section 74(1) was also read as showing that estate duty is a first charge only after allowable debts and encumbrances, confirming that the legislature did not intend it to be deducted under section 44. The issue was answered in favour of the Revenue. Case-Laws Income Tax Thu, 05 May 1977 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=38541