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Issues:
1. Limitation regarding initiation of rectification proceedings 2. Nature of amendment to s. 34 of the GT Act and its procedural implications 3. Timeliness of rectification order in relation to the application date 4. Validity of the rectification order in light of the directions given by the AAC and implications of s. 50A of the ED Act Analysis: 1. Limitation regarding initiation of rectification proceedings: The questions raised by the assessee primarily revolve around the issue of limitation concerning the initiation of rectification proceedings. The Tribunal's decision on the timeliness of the rectification proceedings is challenged, questioning whether the rectification order was within the prescribed time limits under the law. 2. Nature of amendment to s. 34 of the GT Act and its procedural implications: The second question pertains to the nature of the amendment made to s. 34 of the GT Act and its procedural implications. The Bench's interpretation regarding the amendment's procedural nature and its impact on the timeline for rectification is under scrutiny. 3. Timeliness of rectification order in relation to the application date: The third issue involves the timeliness of the rectification order concerning the application date by the GTO. The Tribunal's decision to uphold the rectification order based on the application date and subsequent actions is being questioned for compliance with the prescribed time limits. 4. Validity of the rectification order in light of the directions given by the AAC and implications of s. 50A of the ED Act: The final issue delves into the validity of the rectification order in light of the directions provided by the AAC and the implications of s. 50A of the ED Act. The judgment scrutinizes the AAC's directions to collect gift-tax by adjusting estate duty paid, considering the statutory provisions and factual peculiarities surrounding the case. The judgment emphasizes the factual peculiarities of the case, particularly regarding the reversal of the normal procedure between gift-tax and estate duty assessments. The AAC's direction to collect gift-tax by adjusting estate duty paid is scrutinized in light of s. 50A of the ED Act, leading to a detailed analysis of the statutory provisions and their application in the given context. The court concludes that the AAC's order to rectify the situation and the Tribunal's decision in this regard were erroneous. The judgment highlights that the situation, where gift-tax was already paid in estate duty proceedings, aligns with the provisions of s. 50A of the ED Act, rendering the rectification unnecessary. The court sustains the AAC's order and directs the GTO to act according to the directions provided. In summary, the judgment clarifies the legal intricacies surrounding the rectification proceedings, statutory provisions, and factual peculiarities of the case, ultimately ruling in favor of the assessee based on the interpretation of relevant laws and directions provided by the AAC.
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