2003 (7) TMI 8

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....te duty in the hands of the accountable person? Question in R.A. No. 14/JP of 1984: "Whether, on the facts and in the circumstances of the case, the Tribunal is justified in holding that the following assets left by the deceased were not his personal assets: 1. Cash in hand 3,676 2. Money in bank 24,036 3. Amount due in insurance policies 1,28,296 On the death of H.H. Maharaja Rana Harish Chandra, the accountable person, Inder Jeet Singh, has submitted the return and claimed Hindu undivided family status of the property left by H.H. Majaraja Rana Harish Chandra of Jhalawar and claimed that only 1/4th share of the property of the Hindu undivided family is liable to the estate duty. The Assistant Controller....

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....pacity. The Tribunal has also accepted the claim of the accountable person that the money in hand and money in bank as well as the amount of insurance policy belonged to the Hindu undivided family. Heard learned counsel for the parties. Whether the estate left by the late H.H. Maharaja Rana Harish Chandra, is a Hindu undivided family or is in his individual capacity, the Tribunal has considered that aspect in para. 2 of its order, which reads as under: "2. First, we take up the appeal of the Revenue, for discussion. The first ground is that the Appellate Controller erred in holding that the status of the deceased in respect of the properties inherited by the accountable person from his deceased father was that of Hindu undivided fa....

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....sic) that the properties in question were ancestral in his hands. But during the hearing of the appeals relating to the assessment years 1967-68 to 1976-77, the assessee (accountable person) filed ample evidence to prove that the properties were ancestral in the hands of the deceased father. Considering such evidence, the Tribunal in the order dated November 25, 1980, observed: 'These clearly show that the properties were ancestral in the hands of the predecessor of the assessee. The properties being ancestral, there is no doubt that they constituted to be the Hindu undivided family property in the hands of the assessee' (accountable person). Thus, from the order dated November 25,1980, of the Tribunal, it is clear that the properties were ....

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....r of that property cannot be accepted in individual capacity in the estate duty proceedings. Apart from that, no justification has been shown to us. Considering these admitted facts, we find no infirmity in the view taken by the Tribunal. Question in R.A. No 14/JP of 1984, dispute has been raised whether the cash in hand, money in bank and amount due in the insurance policy belongs to the late H.H. Maharaja Rana Harish Chandra in his individual capacity or that belongs to the Hindu undivided family. The Tribunal has taken the view that the cash in hand and money in bank, could not be saved by the deceased as he was getting a meagre salary as MLA and MP. For insurance, the Tribunal has taken the view that the premium was paid out of th....