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Interpretation of section 31 of the Estate Duty Act regarding quick succession relief based on the term "same property." Analysis: The case involved a writ petition seeking a writ of certiorarified mandamus to challenge the estate duty assessment of the estate of a deceased individual. The deceased inherited properties from another individual and subsequently passed away within five years, triggering section 31 of the Estate Duty Act. The central issue was the interpretation of the term "same property" under section 31 to determine the eligibility for quick succession relief. The accountable person argued that the concession under section 31 should apply as long as the investments made could be linked to the property left by the deceased, even if not identical. They relied on legal texts and precedents to support their interpretation. The Revenue contended that the concession was only available if the identity of the property was maintained, and if the property was converted or lost, the relief would not apply. The court analyzed the definition of "property" under section 2(15) of the Act, which included movable or immovable property, proceeds of sale, and investments representing the proceeds. The court emphasized that the term "same property" did not require identical properties but could include similar or representative items. Referring to legal authorities and texts, the court concluded that the relief should not be denied if the sale proceeds were clearly identified as originating from the property subject to estate duty. The court found that the respondents were incorrect in restricting the relief claimed by the accountable person and directed them to grant the quick succession relief in its entirety for the sale proceeds of the immovable properties. The court allowed the writ petition, granting the mandamus as indicated, and awarded costs to the petitioner. In summary, the judgment focused on the interpretation of section 31 of the Estate Duty Act concerning quick succession relief and clarified that the term "same property" encompassed both movable and immovable properties, including proceeds of sale. The court's decision emphasized that the relief should not be denied if the sale proceeds were clearly linked to the property subject to estate duty, as per the statutory definition of "property."
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