1983 (2) TMI 15

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....-By this application under s. 64(1) of the E.D. Act, 1953 (hereinafter referred to as " the Act "), the following question of law has been referred to this court for its opinion: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that only 39.51% of the value of the assets of the HUF is liable to be added under section 34(1)(c) of the Estate Du....

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....son that the computation of the lineal descendant's share for the purpose of applying the rate was not in accordance with the provisions of s. 34(1) of the Act. It was contended that in a notional partition of the entire family the wives of the sons of the deceased were also entitled to a share equivalent to the sons and that instead of adding 3/5ths, that is to say, 60% of the value of the HUF pr....

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....n the joint family property of all the lineal descendants of the deceased member; shall be aggregated so as to form one estate and estate duty shall be levied thereon at the rate or rates applicable in respect of the principal value thereof. As provided by s. 39 of the Act there would be notional partition, i.e., a partition immediately before the death of the deceased. The result of such pa....