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Issues:
- Estate duty assessment involving quick succession relief - Deduction of estate duty liability from the value of property in successive deaths - Interpretation of common property in estate duty assessments - Granting quick succession relief based on the same property included in both assessments Analysis: 1. The case involves an estate duty assessment related to the passing of properties from one individual to another due to successive deaths. The Asstt. Controller calculated the quick succession relief under section 31 of the Act for the present accountable person, deducting a sum of estate duty liability from the value of the property included in both assessments. The CED (Appeals) accepted the accountable person's claim that there is no justification for subtracting the estate duty payable on the first estate from the value of the second estate, leading to a challenge by the Department. 2. The assets included in the assessments relate to deposits with specific entities and a bank balance, totaling a specific amount. The Asstt. Controller computed the doubly assessed sum and deducted an amount for proportionate duty liability. However, there were uncertainties regarding the common property in both assessments, especially concerning deposits subject to interest accrual and bank balances that may change over time. The appointment of a Trustee during the interim period added complexity to determining the common property. 3. The Appellate Tribunal upheld the order of the Controller (Appeals) based on different reasoning. It highlighted the challenges in identifying common property in successive assessments, particularly when dealing with cash or bank balances subject to fluctuations. The Tribunal emphasized that if the same property is included in both assessments without any deduction for estate duty in the second death, then the quick succession relief should also be based on the same amount. The Department's argument was rejected based on the premise that the amount included in both assessments should be considered for the relief, despite being an estimated figure. 4. Ultimately, the departmental appeal was dismissed, affirming the decision to not deduct estate duty liability from the property value for the purpose of granting quick succession relief. The judgment underscores the complexities involved in estate duty assessments concerning successive deaths and the challenges in determining common property for relief calculations.
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