Guwahati Court April 1969 Judgments

Nandlal Goenka Vs. Controller of Estate Duty

Court: Guwahati

Sen, J. 1. In this reference under Section 64(1) of the Estate Duty Act, 1953, hereinafter called the 'old Act', provisions whereof apply to theinstant case, the following questions have been referred to us for our opinion by the Central Board of Direct Taxes, New Delhi : ' (1) Whether, on the facts and in the circumstances of the case, there was any material for the finding of the Board that the ownership of the properties and shares standing in the name of Shri Nandlal Goenka passed on the death of the deceased ? (2) Whether, while disposing of an appeal under the provisions of Section 63 of the Estate Duty Act, 1953, at it stood before the amendment in 1958, the Board had the power to enhance the value of one of the properties where the net effect of the Board's order was a reduction in the value of all the properties taken together. 2. The facts arising out of this reference are as follows: The estate duty assessment pertains to the estate of late Shri Gordhan Das Goenka, who di...