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25 judgments · newest first · showing 1–25
The Supreme Court examined whether the statutory first‑charge provisions in the Bombay Sales Tax Act (s.38C) and the Kerala General Sales Tax Act (s.26B) conflicted with the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (ORT Act) and the Securitisation and Reconstruction of …
The beneficiaries of the H.E.H. Nizam Jewellery Trust valued their interest in the trust's jewellery based on a valuer's report. The Commissioner of Wealth Tax challenged this valuation, arguing that the estate duty payable on the deemed death of the life tenant had been incorrectly deducted, among …
The Nizam of Hyderabad created a charitable trust in 1950, transferring government securities to trustees and directing that, during his lifetime, the trust defray his Haj expenses and those of his family, as well as fund religious offerings and charitable purposes. Upon his death in 1967, the …
The appellant, P. Venkatarama Reddy, had assigned three life‑insurance policies to his grandchildren during his lifetime but retained possession, continued to pay premiums and loans on them. The revenue treated the policies as part of the deceased’s general estate for estate‑duty purposes, while the …
R.M. Arunachalam inherited immovable properties from his adoptive mother, who had received them by will from her husband Ramanathan Chettiar. The assessee sold these properties during assessment years 1966-67 to 1972-73 and claimed that the estate duty paid under the Estate Duty Act, 1953, should be …
The deceased left extensive assets in England and India. Under a India‑United Kingdom agreement, estate duty paid in the UK was credited against the Indian estate duty under Section 30 of the Estate Duty Act, 1953. The daughters, as accountable persons, claimed that the UK estate duty, interest on …
Manjunatha Gowda, a coparcener in a Hindu joint family, received a 4/5 share of family property after a partition in 1965. He died in 1971, and his widow Smt. Sathyaprema Manjunatha Gowda and their unmarried daughter claimed a share of the estate under Section 8(1)(d) of the Hindu Law Women’s Rights …
The Supreme Court examined two conflicting Madras High Court decisions on the constitutionality of Section 34(1)(c) of the Estate Duty Act, 1953, which mandates aggregation of coparcenary interests of Mitakshara joint Hindu families for estate duty purposes. The issue was whether this provision …
The appellant, Ashok Singh, sought a succession certificate for his father Ganga Singh's intestate estate after attaining majority. The estate duty guardian had failed to file the required account within five years of death, invoking Section 73A of the Estate Duty Act, 1953, which bars any levy …
Natesan Chetty, the Karta of a Hindu Undivided Family, owned five houses in his individual capacity and, in 1970, declared that three of them would become joint family property, a process termed "blending". After a partition in 1971, two of the houses were allotted to him while the remaining three …
The appellant, SMT. P. Leelavathamma, appealed against the Controller of Estate Duty challenging the computation of the net principal value of the deceased’s estate. She argued that the estate duty payable on the property passing on death constituted a first‑charge encumbrance and therefore should …
The deceased A.G. Merchant died in 1959 and the accountable persons filed estate duty returns, resulting in an assessment on 26 February 1960 under the Estate Duty Act, 1953. The Estate Duty (Amendment) Act, 1958 repealed sections 56‑65 and introduced a new Section 59, effective 1 July 1960, to …
Satya Charan Srimani executed two trust deeds (1953 and 1959) transferring immovable property to himself and his son as trustees while reserving portions of the income for himself, his heirs and deities. After his death, the Estate Duty authorities questioned whether the properties were liable to …
Motilal Sanghi gifted Rs.1,00,000 to his four sons, who immediately invested the amounts in a partnership firm, Sanghi Brothers, in which Motilal also held an 8‑annas share. After Motilal's death, the Assistant Controller of Estate Duty held the sum chargeable under Section 10 of the Estate Duty …
The deceased, a karla of a Hindu undivided family, had taken a personal accident insurance policy with a nomination in favour of his first son, who had been adopted away. He died in an air crash and the insurer paid Rs.2 lakhs to the nominee. The question before the Supreme Court was whether the …
Nareshchandra Kantilal, a 28% partner in a firm, died and the accountable person filed an estate duty return that omitted the value of his share in the firm's goodwill, citing a partnership deed clause that the deceased had no right in goodwill. The Assistant Controller and Appellate Controller held …
The deceased partner of a banking firm issued a cheque of Rs.3 lakhs to the firm, which was credited to the accounts of his three minor grand‑nephews. After his death, the widow (assesse) omitted this amount from the estate valuation, arguing that it was a gratuitous transfer of an actionable claim …
The appellant, a grandson and accountable person, paid estate duty on a bungalow that his grandparents had settled by a joint will. After the wife died, duty was paid on her share; when the husband later died, the revenue claimed duty on his half of the property, arguing that he became the full …
The Commissioner of Wealth Tax, Bihar appealed against the Patna High Court’s decision that Maharaja Kumar Kamal Singh’s right to receive compensation under the Bihar Land Reforms Act should be valued at nil because of arrears of agricultural income‑tax. The central issue was whether such tax …
The respondent, son of a deceased estate, was assessed estate duty of Rs 3,37,543.40. While his appeal against the assessment was pending, he applied under section 52(1) of the Estate Duty Act, 1953, offering a property valued at Rs 2,53,655 as part payment. The Central Board of Direct Taxes …
M. Mitra transferred his publishing and printing businesses to two newly formed companies in 1953. He instructed that the shares be allotted to his wife, three sons, brother‑in‑law and an ex‑employee, but the consideration for the shares was paid entirely by Mitra. After Mitra's death in 1957, the …
The Supreme Court examined two appeals challenging notices issued by the Assistant Controller of Estate Duty under sections 59(a) and 61 of the Estate Duty Act, 1953, which sought to reopen and rectify estate duty assessments of lands acquired by the government. The Court held that the right to …
Woomesh Chandra Banerjee executed a deed of trust in 1939 transferring all his properties to a trust that allocated one‑half of the income for religious purposes and the other half for family expenses. After his death his son, the deceased, became trustee. Upon the son’s death, the question arose …
Maharaj Mal, a half‑partner in a firm, gifted Rs 1,00,000 to his son and Rs 50,000 to his wife in 1957 and simultaneously admitted his son as a partner, transferring half of his share. After the donor's death in 1962 the remaining partnership shares were re‑allocated. The Revenue argued that the …
