Section 50A of the Estate Duty Act, 1953-Relief from estate duty in respect of gift-tax paid-Application of section 61-Clarification regarding - Income Tax - 377/1984

Section 50A of the Estate Duty Act, 1953-Relief from estate duty in respect of gift-tax paid-Application of section 61-Clarification regarding Circular No. 377 Dated 28/2/1984 Attention is invited to Circular No. 354, dated March 8, 1983 [See [1983] 142 ITR (St.) 117], in which it was clarified that section 50 of the Estate Duty Act, 1953, casts a statutory obligation upon the Controller of Estate Duty to allow relief in respect of court fee paid and, therefore, the time-limit specified in section 61 of the Act has no application in such cases. 2. A question has been raised whether the time-limit prescribed in section 61 shall apply in respect of grant of relief provided under section 50A of the Estate Duty Act. The Board are advised that relief under section 50A in respect of gift-tax paid cannot be denied solely on the ground that the limitation under section 61 of the Act for rectification of estate duty assessment has expired. Section 50A also casts a statutory obligation upon the Controller of Estate Duty to allow such relief and the time-limit prescribed in section 61 of the Estate Duty Act has no application in such cases. (Sd.) S.C. Tiwari, Secretary, Central Board of Direct Taxes.