Smt. PANKUMARI KOCHAR vs CONTROLLER OF ESTATE DUTY, ANDHRA — 1972 PTD 193

Citation: 1972 PTD 193

Court: Andhra Paradesh High Court

Year: 1971

Decision Date: 1971-12-31

Parties: Smt. PANKUMARI KOCHAR vs CONTROLLER OF ESTATE DUTY, ANDHRA JUDGMENT

Headnotes

Case cited as 1972 PTD 193

Judgment Text

Court Name: Andhra Paradesh High Court Judge(s): P. Jaganmohan Reddy, Ramachandra Rao Title:Smt. PANKUMARI KOCHAR vs CONTROLLER OF ESTATE DUTY, ANDHRA JUDGMENT Reported As: 1972 PTD 193 Result: questions is in the affirmative Judgment JUDGMENT JAGANMOHAN REDDY, C. J.----The Central Board of Direct Taxes has referred the following three questions for our opinion: "(1) Whether, on the facts and in the circumstances of the case, the sum of Rs. 85,000 being the value of properties settled in trust for the Surajmal Poonan Chand and Pratap Chand Charities has been rightly included in the estate under section 10 of the Estate Duty Act ? (2) Whether, on the facts and in the circumstances of the case, the sum of Rs. 1,65,253 being the value of properties gifted by the deceased has been rightly included under 9ec--tion 10 of the Act, in the chargeable estate of the deceased ? (3) Whether, on the facts and in the circumstances of the case, the liability of Rs. 6,857 due to Smt. Leelavathi, the liability of Rs. 20,721 (in various accounts) and the liability of Rs. 2,701 on account of the Surajmal Poonam Chand and Pratap Chand Charities have been rightly disallowed in computing the principal value of the estate left by the deceased ?" The facts leading to the formulation of these three questions are: One Surajmal Poonam Chand died on 13th January 1957, leavings his widow, Smt. Pankumari, who was the accountable person. The deceased, it may be stated, was the sole surviving coparcener…

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