1991 (4) TMI 80

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....urt was delivered by T. D. SUGLA J. -The Tribunal has referred to this court the following question of law at the instance of the Department under section 64(1) of the Estate Duty Act, 1953 : "Whether, on the facts and in the circumstances of the case, the Tribunal erred in holding that the value of the share of the deceased in the goodwill cannot be included in the principal value of the es....

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....s the Appellate Controller reversed the order of the Assistant Controller on both counts. It was contended before the Tribunal that the deceased had a share in the goodwill of the two firms. Reliance in this behalf was placed on the Madras High Court's decision reported in CED v. Ibrahim Gulam Hussain Currimbhoy [1975] 100 ITR 320 ; [1975] Taxation 38(3)-73. However, following the Gujarat and Punj....

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....ordinary non-standard goods which had no trade or brand names, the submission that it had goodwill was not valid. Incidentally, the business of the two firms was on wholesale basis. This finding, it appears, was not challenged before the Tribunal. In any event, there is no question of law even suggested by the Department challenging this finding of fact. In the above view of the matter, even if th....