1991 (3) TMI 101

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... Under section 64(1) of the Estate Duty Act, 1953, the Income-tax Appellate Tribunal has referred to this court the following two questions of law: " 1. Whether, on the facts and in the circumstances of the case, the Tribunal erred in holding that the Assistant Controller appeared to have reopened the assessment under both the clauses of section 59 ? 2. Whether, on the facts and in the circumst....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y had not validly initiated proceedings either under section 59(a) or 59 (b) of the Estate Duty Act, 1953, in the instant case ? " The facts on record clearly indicate that the Bank of India, while filing the estate duty returns in respect of the estate of the deceased, had clearly and categorically stated that the deceased had a life interest in trust property and, on that basis, claimed deducti....