TMI Blog1999 (7) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... her, on the facts and in the circumstances of the case, the Tribunal was justified in law in cancelling the order under section 59(b) of the Estate Duty Act passed by the Assistant Controller of Estate Duty ?" In question No. 1, the Revenue has challenged that the presumption of the Tribunal that an order was passed under section 59(a) of the Act was not based on the relevant materials and the finding is arbitrary. Learned counsel for the assessee has placed the entire paper book which was before the Tribunal. He has not pointed out any mistake in the presumption based on the materials available before the Tribunal. Therefore, so far as question No. 1 is concerned, no interference is called for. In question No. 2, the Revenue has chal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its that in view of the decision of the Punjab and Haryana High Court in the case of Kulbushan and Brij Bhushan v. CED [1973] 88 ITR 65, if the share of the deceased is not properly being ascertained, the Assistant Controller can reopen the assessment under section 59 of the Act of 1953. Learned counsel for the assessee, Mr. Khaitan, submits that there was no information within the meaning of section 59(b) of the Act of 1953, with the Assistant Controller for reopening of the assessment. The valuation has already been disclosed for the wealth-tax and the value which has been shown for the purpose of estate duty was based on the books of account of the firm, Ramchander Heeralal. For wealth-tax, a higher figure of the value of the land of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he accountable person has disclosed that the firm, Ramchander Heeralal, is the owner of the land. That land has been disclosed fully and its value has been disclosed truly as per the balance-sheet of the firm. There is no information from outside. The information was already in the possession of the concerned officer having jurisdiction to assess the wealth for the purpose of wealth-tax. That value which has been disclosed in the wealth-tax return was available to the Wealth-tax Officer. Therefore, it cannot be said that after completion of the assessment for the purpose of estate duty, he received some information which reveals that some value of the deceased's property has escaped. When there is no information in the possession of the Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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