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- Whether the share of goodwill of a deceased partner in the assets of a firm passes on his death under the Estate Duty Act? Analysis: The judgment pertains to a reference under section 64(1) of the Estate Duty Act, 1953, made by the Income-tax Appellate Tribunal regarding the passing of a deceased partner's share of goodwill in a firm's assets. The deceased partner was a part of two firms and the Assistant Controller of Estate Duty added his share of goodwill in both firms to the principal value of his estate. The Zonal Appellate Controller excluded the share of goodwill in one firm that was dissolved but confirmed the inclusion of the share in the other firm. The Income-tax Appellate Tribunal later held that there was no passing of the property, specifically the share in goodwill, upon the partner's death. The Tribunal referred the question of law to the High Court for consideration. The High Court analyzed the nature of a partner's interest in partnership property based on the Supreme Court's decision in Addanki Narayanappa v. Bhaskara Krishnappa. It was established that during the partnership, a partner does not own specific partnership property, but rather has a right to share in profits and assets upon dissolution. The Court emphasized that a partner cannot claim exclusive rights over any partnership property, including goodwill, and cannot assign specific property interest to anyone. In the case at hand, it was determined that no specific share in goodwill passed to the deceased partner's heirs as he did not own a distinct share in the firm's goodwill. The Court noted that goodwill in a partnership has no value in a going concern and cannot be quantified. Therefore, the value of the deceased partner's alleged share of goodwill was not legally includable in the estate's principal value. Consequently, the Appellate Tribunal's exclusion of the goodwill share from the estate value was deemed justified. In conclusion, the High Court answered the reference question in the negative, affirming that the deceased partner's share of goodwill did not pass on his death under the Estate Duty Act. The Court awarded costs to the assessee, assessed at Rs. 150, to be borne by the department.
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