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1997 (7) TMI 112 - SUPREME COURTWhether the Tribunal was justified in confirming the disallowance claimed by the accountable persons under section 48 of the Act in respect of the death duty paid in U. K., interest paid on death duty in U. K., interest payment to Lloyds Bank in U. K., and loss on devaluation ? Held that:- Allowance of the estate duty paid in the U. K. was given in the estate duty payable in this country. The amount of pound sterling 75,320.12 as the death duty paid in U. K. cannot be treated as an expense which the appellants are entitled to claim as an additional expense in administering or in realising the property falling under section 48 of the Act. The appellants are only entitled to deduction of the death duty paid in England out of the estate duty payable as computed by the authorities under the Act in this country. It is difficult to accept the argument of the appellant that relief granted by way of avoidance of double taxation is not a relief under the provisions of the Act and that there is a distinction between the relief under the agreement entered into by virtue of the provisions of section 30 and the relief to be given under section 48 of the Act. As regards the interest paid on delayed payment of the death duty in England and interest on service charges paid to the Lloyds Bank, it is necessary to note that the property in U. K. consisted of certain deposits and war bonds which could be easily realised. We see no justification for allowing the claim in respect of these two items, finding of the Appellate Tribunal has not been questioned by the appellants. So far as the amount of pound sterling 4,855.55 towards solicitor's fee in London is concerned the Appellate Controller of Estate Duty held that it was an additional expense in administering or in realising the property by reason of the property being situate outside India and deduction was, therefore, allowed. Appeal dismissed.
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