https://www.taxtmi.com/caselaws?id=59860 Penalty under section 73(5) of the Estate Duty Act could not survive once the underlying estate duty assessment was finally quashed and the duty payable became nil. The incorporated recovery and penalty machinery applied to estate duty defaults, and an appeal by itself did not suspend the demand or prevent default. However, when the final determination eliminated the substantive liability, the recoverable arrears fell to nil, and the penalty could not exceed those arrears. The validation provision on excess penalty also supported relief where the demand was reduced to nothing. The penalty was therefore unsustainable and stood cancelled. en-us Wed, 01 Oct 1986 00:00:00 +0530 Sat, 01 Jan 2011 15:27:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=59860 Penalty under section 73(5) of the Estate Duty Act could not survive once the underlying estate duty assessment was finally quashed and the duty payable became nil. The incorporated recovery and penalty machinery applied to estate duty defaults, and an appeal by itself did not suspend the demand or prevent default. However, when the final determination eliminated the substantive liability, the recoverable arrears fell to nil, and the penalty could not exceed those arrears. The validation provision on excess penalty also supported relief where the demand was reduced to nothing. The penalty was therefore unsustainable and stood cancelled. Case-Laws Income Tax Wed, 01 Oct 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=59860