2003 (5) TMI 9

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.... Appellate Tribunal, Jaipur Bench, Jaipur, on the application of the Controller of Estate Duty, Jodhpur, in R.A. No. 216/JP of 1997 (arising out of EDA No. 4/JP of 1993), under its order dated June 16, 1998, referred the following two questions for the opinion of this court: "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was legally justified i....

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....sessee. The Assessing Officer, while completing the assessment, charged interest under section 70(1) of the Estate Duty Act, 1953 (for short, "the Act, 1953"), on the ground that instalment was granted subject to payment of interest. The matter was carried in appeal to the Controller of Estate Duty (Appeals). On the point of this interest charged under section 70(1) of the Act, 1953, the appellate....

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....f the accountable person for payment of the estate duty. The authorised officer had levied interest under section 70(1) of the Act at the time of the original assessment and also in the setting aside proceedings. The learned Tribunal held relying on the decisions in the cases of Prem Nath Khan delwal v. Asst. CED [1970] 77 ITR 949 (Cal) and H.M. Jaffar v. Asst. CED [1980] 124 ITR 443 (Karn) held t....

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....earned Tribunal has decided the matter in favour of the accountable person relying on the aforesaid two decisions and the Act itself has been repealed. It person to consider the matter in core depth and decide the same. Even if two views are possible on the scope of section 70(1) of the Act and one of them had appealed to the Tribunal and had been accepted by the High Courts and the view could not....