2003 (5) TMI 9

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....pur, 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 in law in holding that levying of interes....

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....ing 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 court confirmed the order of the Controller....

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....te 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 that in order to levy the interest under section ....