TMI Blog1969 (12) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... artition deed - there was no material on which the Controller of Estate Duty and the Board of Revenue could have come to the conclusion that the deceased at the time of his death was in possession of the jewellery - - - - - Dated:- 4-12-1969 - Judge(s) : B. VENKATASWAMI., G. K. GOVINDA BHAT. JUDGMENT The judgment of the court was delivered by GOVINDA BHAT J.- This is a reference under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the deceased at the time of his death. In the estate duty return the accountable person had shown the value of the jewellery in the possession of the deceased at Rs. 2,300 only. The Assistant Controller relied on the fact that the deceased had estimated the jewellery at Rs. 50,000 in the wealth statement furnished by him in connection with his assessment under the Income-tax Act for the assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... same. The Assistant Controller did not accept the explanation offered by the accountable person on the view of the law that the burden was on the accountable person to explain as to what had happened to the jewellery. On appeal before the Board, the same view was taken and the appeal was rejected. The question is, whether the accountable person is under a duty to explain as to what has happened ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as in possession of jewellery worth Rs. 33,000. The partition deed relied on by the Assistant Controller and the Board of Revenue shows that the value of the entire jewellery was only Rs. 18,700 and jewellery of that value was partitioned between the father and son. The partition deed as stated earlier was on September 27, 1955, and Murigappa Chigateri died on January 12, 1957. We respectfully agr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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