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Issues:
1. Validity of appellate orders of the Tribunal dated November 19, 1987, May 17, 1988, and July 27, 1988. 2. Interpretation of rule 40 of the Income-tax (Appellate Tribunal) Rules, 1963, and its application. 3. Applicability of charging section 5 of the Estate Duty Act, 1953. Analysis: The writ petition sought a mandamus to restrain respondents from giving effect to the Tribunal's appellate orders. The petitioner contested the assessment under section 58(2) of the Estate Duty Act, claiming absolute ownership of a house property. The Appellate Controller rejected this claim, leading to an appeal before the Appellate Tribunal. The petitioner argued that the assessment was invalid as all legal heirs were not impleaded. The Tribunal dismissed the appeal on July 8, 1988, prompting the writ petition. The petitioner contended that the same Bench should hear the reference, citing rule 40 of the Income-tax (Appellate Tribunal) Rules, 1963. The court noted the retirement of a Tribunal member and found that the Bench competent to hear the reference had addressed the matter, rejecting claims of prejudice. Regarding the application of charging section 5 of the Estate Duty Act, the court observed that the Tribunal had considered the assessment order in line with established legal principles. The court found no jurisdictional error warranting intervention. After evaluating all aspects, the court declined to interfere, leading to the rejection of the writ application. The respondent authorities opposed the petition, emphasizing the legal background and provisions of the Estate Duty Act to argue against revisiting the matter. The court's analysis highlighted the importance of procedural rules and the Tribunal's adherence to legal standards in assessing the petitioner's claims.
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