1978 (2) TMI 91

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....rt under section 64 of the Estate Duty Act, 1953 (hereinafter referred to as "the Act") : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that no estate duty was chargeable under section 5 of the Estate Duty Act, 1953 ? 2. Whether, on the facts and in the circumstances of the case, and in view of the clear provisions of sub-section ....

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....erent conclusion. It held that the property of Shri Jai Ram Dass, which passed on his death, was worth less than Rs. 50,000 and was, thus, not assessable to estate duty in view of section 5 read with section 35(1) and the Second Schedule to the Act. It also pointed out that the aggregation of property under section 34 had to be done only for determining the rate at which the property passing on th....

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....Shri Jai Ram Dass passing on his death being below Rs. 50,000 was not chargeable to estate duty at all. This fact is not altered by the aggregation of the property passing on the death of Shri Jai Ram Dass with the property of his lineal descendants under section 34. The aggregation has to be done only for the purpose of determining the rate at which the property passing on the death of Shri Jai R....