1989 (5) TMI 49

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....uty Controller of Estate Duty on February 26, 1960. The Estate Duty (Amendment) Act, 1958, repealed the original sections 56 to 65. Section 59, which was substituted for the original section 62, made provision for reassessment. It came into force with effect from July 1, 1960. On February 21, 1962, a notice under the new section 59 of the Act was issued to the accountable person concerned for reopening the assessment on the ground that some property had escaped the levy of estate duty. The accountable persons raised objections to the reopening of the assessment under section 59. The Assistant Controller rejected the contentions of the accountable persons and reopened the assessment. Against the order of reassessment, the accountable persons....

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.... person accountable and after obtaining the previous approval of the Board, at any time within three years from the date on which the estate duty was first determined (a) refund the excess duty paid, or, as the case may be, (b) determine the additional duty payable on the property: Provided that where the person accountable had fraudulently underestimated the value of any property or omitted any property, the period shall be six years : Provided further that no order shall be made under this subsection unless the person accountable has been given an opportunity of being heard. (2) Nothing contained in sub-section (1) shall render any person accountable to whom a certificate that the estate duty has been paid is granted liable fo....

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....assess or reassess such property as if the provisions of section 58 applied thereto." The High Court considered the question of law referred to it at great length and after a detailed judgment answered the question in each case in favour of the assessee. The Revenue now appeals. The question is whether the newly enacted section 59 of the Estate Duty Act is retrospective in operation so as to affect assessments already completed on accountable persons. It is urged that the new section 59 is substantially similar in content to the old section 62 and, therefore, the new provision must be regarded as retrospective. The contention may be examined. The Estate Duty (Amendment) Act, 1958, effected a substantial change in the parent Act.....