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TMI Blog1998 (8) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... to the authorities for compensation upwards of Rs. 60 lakhs. Ultimately, however, after issuance of advertisements inviting objections, the possession of the land was taken and, therefore, vesting occurred, as late as in 1987. The awarded compensation as on that basis came to about Rs. 59 lakhs which included Rs. 9 lakhs and odd as solatium and about Rs. 18 lakhs and half by way of interest. The questions framed before us arise out of this contention, that if the land and building ultimately fetched in 1987 nearly Rs. 59 lakhs by way of compensation, should not be the estate duty assessment made for the estate which passed in 1984, also accept some such figure for estate duty assessment? Alternatively, should not the receipt of such c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t acquisition was a certainty. If acquisition were not a certainty in April, 1984, the assessment of the compensation money which might, on a possibility, be got later on could not be a relevant factor in valuing Farooque's estate in April, 1984. It would be most unjust to opine that the concerned Estate Duty Officer would have to make a valuation in April, 1984, on the basis of the wisdom which he acquired from later evidence which might have turned out quite differently than how the events actually turned out. Thus, when the Tribunal directed the valuation of the property to be made on the basis of the wealth-tax assessment, the Tribunal was adopting a just and rational procedure and no point of law was involved. It appears to us on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elated to acquisition of estates under the West Bengal Estates Acquisition Act, 1953. Apart from the other points of distinction, it would be very dangerous to equate such an acquisition to acquisition made under the Act of 1894. Under the West Bengal Estates Acquisition Act of 1953 there is no stage of invitation of objections or the taking of a decision thereupon. The stage at which Farooque died was an uncertain stage because it was possible, although it might have been unlikely, that the acquisition would not ultimately go through. Such a stage would be impossible for acquisitions made under the West Bengal Estates Acquisition Act of 1953. We also mention here the case of CWT v. Sharvan Kumar Swarup and Sons [1994] 210 ITR 886 (SC) cite ..... X X X X Extracts X X X X X X X X Extracts X X X X
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