9911796707
TMI Blog1977 (3) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... life and thereafter to an institution called Bethany Chapel Trust absolutely. On his death the properties were subjected to Estate Duty. Mrs. Joseph died on 25th March, 1971 and on her death the Department sought to include the properties in her estate for duty purposes. The accountable person contended that the properties were the subject-matter of settlement through the will left by late Shri J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the lower authorities. 3. On a careful consideration we are unable to accept the contention of the Departmental Representatives. s. 29 of the Estate Duty Act reads as under: "29. Settled property in respect of which since the date of the settlement estate duty has been paid on the death of the deceased s spouse estate duty has already been paid in respect of any settled property sinc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by way of succession whether the settlement took effect before or after the commencement of this Act; and "settlement" means any disposition, including a dedication or endowment, whereby property is settled." It is clear from the above definition that a property obtained by way of succession would also come under the category of settled property , because property obtained by way of succession. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Duty was paid on the properties on the death of her husband which means that the duty was paid after the settlement; and iii. The deceased has no power of disposition over the properties. This is the view taken by another Bench A of the Tribunal here in order dated 13th January 1977 in E.D.A. NO. 47 (HYD)/1975-76 and E.D.A. No 50 (HYD)/1975-76 to which one of us was a party. 4. For the above r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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