1980 (1) TMI 3

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....on 64(1) of the Estate Duty Act, 1953. One Rastapur Muniappa died on August 19, 1961. The deceased along with his son constituted a Hindu undivided family at the time of his death. The deceased had a one-half share in the joint family business. Since the deceased died on August 19, 1961, the Assistant Controller of Estate Duty held that the computation of the estate duty had to be made under secti....

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.... before the date of the death of the deceased. Against the order of the Appellate Controller the accountable person preferred an appeal to the Tribunal ; but before the Tribunal, the accountable person was not represented, and the Tribunal disposed of the appeal after hearing the arguments of the departmental representative. After hearing the arguments of the departmental representative, the Tribu....

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....ess is an asset. It was not seriously pressed before us that such goodwill is not an asset. The value of the half share of the deceased as computed by the Tribunal is not open to question before us. Therefore, question No. 1 is answered in the affirmative, in favour of the revenue. Regarding question No. 2, the question that was urged by the accountable person before the Appellate Controller wa....