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Issues:
1. Assessment of estate duty and court fees for obtaining probate. 2. Payment of estate duty by the executors. 3. Imposition of penalty and refund claims. 4. Claim of interest on outstanding estate duty. 5. Legal proceedings initiated for recovery of outstanding amount. Analysis: 1. The judgment deals with the assessment of estate duty and court fees for obtaining probate. After the death of the deceased, joint executors were nominated as accountable persons under the Estate Duty Act, 1953. The estate was assessed, and court fees for probate were to be allowed under Section 62 of the Act upon evidence of payment. The executors applied for probate, and payments towards estate duty were made, leading to a dispute over the balance due. 2. The executors continued making payments towards the estate duty, with the total amount paid exceeding the duty payable if relief was granted under section 50 of the Estate Duty Act. However, the estate duty authorities insisted on the balance, leading to the imposition of a penalty for non-payment. The penalty was later set aside on appeal, and probate was granted to the executors, who then claimed a refund of the excess paid towards estate duty. 3. The estate duty authorities contested the refund claim, arguing that the assessed duty could not be rectified due to limitation. Legal proceedings were initiated for the recovery of the outstanding amount, including the imposition of penalties. The executors challenged these claims through court applications under Article 226 of the Constitution, leading to a series of judgments and orders regarding the refund and penalty imposition. 4. The issue of interest on the outstanding estate duty was also raised. The court referenced previous judgments to determine that interest would only be payable upon a specific order under the Estate Duty Act. The court calculated the interest payable on the principal amount and noted that the estate duty authorities had withheld a refund amount until a court order directed the refund. 5. The legal proceedings initiated for the recovery of the outstanding amount were challenged by the executors through court applications. The court, considering previous judgments and the facts of the case, affirmed the decision of the lower court, quashing the impugned demand and the proceedings initiated for recovery. The appeal was disposed of without any order as to costs, with both judges concurring with the decision. This detailed analysis of the judgment highlights the key issues addressed by the court regarding the assessment, payment, penalties, refunds, interest, and legal proceedings related to the estate duty and probate matters.
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