2000 (10) TMI 18

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....AN J.---The questions of law referred to us are as follows " 1. Whether, on the 'facts and in the circumstances of the case, the insurance amount received by the accountable person from the insurance company in the United States,--- (a) was not includible in the principal value of the estate left by the deceased ? (b) is to be exempted from the levy of estate duty under section 21(1)(b) o....

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....f the Estate Duty Act. But, the Assist ant Controller of Estate Duty on the basis of section 21(1) of the Estate Duty Act and rule 8 regarding the location of movable property and also distinguishing the passing of property at the time of death included this amount in the principal value. The matter was taken in appeal before the Appellate Controller of Estate Duty, who held that since the decease....

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....)(b) states as follows : "(b) movable property situated outside India at the time of the death, unless--- (i) in the case of any property, whether settled or not, the deceased was domiciled in India at the time of his death ; or (ii) in the case of settled property of which the deceased was a life tenant, the settlor was domiciled in India at the date the settlement took effect." Rule ....