TMI Blog1997 (3) TMI 38X X X X Extracts X X X X X X X X Extracts X X X X ..... ome-tax Appellate Tribunal, Amritsar Bench, Amritsar, to this court under section 64 of the Estate Duty Act, 1953 (hereinafter referred to as the Act), read as under : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that only one-half capital standing in the books of Om Parkash Som Chand, Bathinda, and value of Rastha in the name of the decea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Hindu family. Therefore, Sh. Dewan Chand Katia claimed that the joint Hindu family consisted of himself and his wife, Smt. Saraswati Devi. This stand of Dewan Chand was accepted by the Revenue and for a number of years it was assessed like that under the Income-tax as well as Wealth-tax Acts. After the death of Dewan Chand on April 6, 1979, the accountable person claimed that Rs. 2,11,908 which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sistant Controller of Estate Duty and the appellate authority. The Tribunal held that the Assistant Controller as well as the appellate authority have erred in treating the entire property as belonging to the Hindu joint family consisting of the late Shri Dewan Chand, his wife and two sons. The Tribunal further held that the property jointly belonged to the late Shri Dewan Chand and his wife, Smt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew. We are also of the opinion that the Tribunal is right in relying on the decision of the Gujarat High Court in Bhimraj Saremal v. CED [1981] 132 ITR 35, for taking the view that the property left after allotment of shares to Lal Chand and Vijay Kumar belonged both to Shri Dewan Chand and his wife, Smt. Saraswati Devi. In view of the above, we do not find any ground to hold that the order pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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