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Issues:
1. Valuation of deceased partner's share in the goodwill of a firm for estate duty assessment. 2. Determination of whether the retirement of a partner constitutes a disposition of property under the Estate Duty Act. 3. Interpretation of partnership deed provisions and legal precedents regarding the treatment of a retiring partner's share in the goodwill of a firm. Analysis: Issue 1: The deceased partner's share in the goodwill of the firm was valued at Rs. 13,700 by the Assistant Controller of Estate Duty (CED), which was later reduced to Rs. 11,700 by the Appellate Controller. The accountable person contested this valuation, arguing that the deceased partner's share was only nominal due to her limited capital investment and non-working partner status. Issue 2: The Departmental Representative argued that the retirement of a partner constitutes a disposition of property under the Estate Duty Act, relying on legal precedents such as CED vs. T.M. Nanaiah. The representative contended that even if no payment was received for the relinquished goodwill, it still amounted to a disposition under the Act. Issue 3: The accountable person cited the partnership deed provisions and legal precedents to support their argument that the retirement of a partner involves a mutual taking over of rights and obligations, rather than a gift of goodwill. References were made to cases like Smt. Urmila vs. CED and CED vs. Kuppuswamy to emphasize the absence of evidence supporting a deemed gift in such circumstances. The Tribunal, after considering the submissions, found that the deceased partner had a minimal share in the goodwill of the firm due to her non-working partner status and limited capital investment. Relying on the decision in 122 ITR 958, the Tribunal held that the retirement involved a mutual give and take between the retiring partner and continuing partners, negating the notion of a gift of goodwill. Consequently, the Tribunal ruled in favor of the accountable person, deleting the addition of Rs. 11,700 upheld by the Appellate Controller. In conclusion, the appeal succeeded, and the Tribunal allowed the appeal, emphasizing the absence of a deemed gift of the deceased partner's share in the goodwill of the firm.
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