1997 (3) TMI 38

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....J.---The questions of law which have been referred by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar, to this court under section 64 of the Estate Duty Act, 1953 (hereinafter referred to as the Act), read as under : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that only one-half capital standing in the books of Om Parkash Som....

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....a, namely, Lal Chand and Vijay Kumar, had separated from the joint Hindu family. Therefore, Sh. Dewan Chand Katia claimed that the joint Hindu family consisted of himself and his wife, Smt. Saraswati Devi. This stand of Dewan Chand was accepted by the Revenue and for a number of years it was assessed like that under the Income-tax as well as Wealth-tax Acts. After the death of Dewan Chand on April....

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.... Duty. However, the Appellate Tribunal did not agree with the Assistant Controller of Estate Duty and the appellate authority. The Tribunal held that the Assistant Controller as well as the appellate authority have erred in treating the entire property as belonging to the Hindu joint family consisting of the late Shri Dewan Chand, his wife and two sons. The Tribunal further held that the property ....