KANWAR SARDARI LAL CHOPRA Vs. CONTROLLER OF ESTATE DUTY

JUDGEMENT

(1.) THIS case has been referred to this Court by the Central Board of Revenue under the provisions of s. 64 of the ED Act of 1953.

(2.) THE case arises out of the assessment to estate duty of the estate of Kanwar Haveli Shah Chopra who died on the 6th Oct., 1954. The accountable person was the only brother of the deceased Kanwar Sardhari Lal Chopra, the two of them forming a joint Hindu family. He submitted a return on the 22nd April, 1955, in which he showed the valuation of the deceased's interest in the joint family property at Rs. 22,09,376. However, by his order dt. the 31st Oct., 1956, the CED valued the joint family estate at Rs. 62,24,215 and, consequently, the half share of the deceased at Rs. 31,12,107, to which he added Rs. 2,00,000 as being the individual property of the deceased representing the amount of compensation receivable under the Displaced Persons (Compensation & Rehabilitation) Act of 1954, in respect of property left in Pakistan on the basis of verified claims registered in the name of the deceased.

(3.) ON the application of the accountable person the following questions have been formulated and referred to this Court :