1966 (8) TMI 80

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.... C.T. Peter for the Respondent JUDGMENT Govindan Nair, J. The Central Board of Direct Taxes, New Delhi acting under sub-section (1) of section 64 of the Estate Duty Act, 1953, has made this reference. The questions referred are : "(1) Whether a penalty under section 56 of the Estate Duty Act, 1953 (as it stood before its amendment in 1958), could be levied before the completion....

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....that the Controller may reduce the penalty in any particular case." On the basis that the accountable person had failed to comply with the provisions of section 53 a penalty was imposed on March 21, 1960, even before an assessment to estate duty, by the Assistant Controller of Estate Duty. The penalty imposed was Rs. 25,000, and it is clear from the order "that the Assistant Controller of Estat....

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.... be utilised and the estate duty determined. Without such determination, it is pointed out, it is difficult if not impossible to postulate the difference between the estate duty payable and that which has been paid which is a condition precedent to determine the quantum of the penalty at any rate for the purpose of the latter part of section 56. It is also urged that the thousand rupees penalty pr....