9911796707
TMI Blog1980 (1) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... . One Rastapur Muniappa died on August 19, 1961. The deceased along with his son constituted a Hindu undivided family at the time of his death. The deceased had a one-half share in the joint family business. Since the deceased died on August 19, 1961, the Assistant Controller of Estate Duty held that the computation of the estate duty had to be made under section 34(1)(c) of the Act. In computing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deceased. Against the order of the Appellate Controller the accountable person preferred an appeal to the Tribunal ; but before the Tribunal, the accountable person was not represented, and the Tribunal disposed of the appeal after hearing the arguments of the departmental representative. After hearing the arguments of the departmental representative, the Tribunal held that the goodwill was an ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before us that such goodwill is not an asset. The value of the half share of the deceased as computed by the Tribunal is not open to question before us. Therefore, question No. 1 is answered in the affirmative, in favour of the revenue. Regarding question No. 2, the question that was urged by the accountable person before the Appellate Controller was that section 34(1)(c) of the Act was unconsti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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