1980 (3) TMI 109

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The first contention of the A.P. is that the authorities below erred in not deducting the amount of estate duty in the computation of the principal value. The Appellate Controller having relied on Smt. V. Pramila vs. CED, Bangalore (1) rejected the contention of the A.P. We think that the reliance was rightly placed on 99 ITR 221 by the Appellate Controller. It is clearly observed by the Karnataka....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ndants of the deceased was wrongly aggregated, s. 34(1)(c) of the Ed Act, 1953 empowers the Asstt. Controller to take into consideration the interest in the joint family property of all the lineal descendants of the deceased for the purpose of determining the rate of the estate duty to be paid on any property passing on the death of the deceased. The corollary of the contention of the A.P. being a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... the Act, 1953. It is argued that the estate duty will be payable only on the property that passes on death and the property which does not pass on the death, no estate duty will be payable thereon. What passes on the death of the deceased is his interest either in the joint family or in any other property, says the counsel. It is urged that the interest in the joint family of the lineal descendan....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... doubt similar contention was raised before the Ahmedabad Bench-B of the Tribunal and the Bench had accepted the contention of the A.P. as such however, before us a contrary decision of the Punjab High Court in the case of Hari Ram, 101 ITR 539, is available and for us this is a binding authority. The Punjab High Court clearly observes in the last para on page 557 of 101 ITR 539 that the share of ....