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TMI Blog1988 (2) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... n 64(3) of the Estate Duty Act, 1953 (hereinafter referred to as the Act "): " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in its conclusion that the coparcenary interest of the deceased, which passed on his death, amounted to one-third share of the joint family property ? " A few facts are necessary to be stated. Late Gopinath Sahu died on May 29, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the deceased for the purpose of assessment to estate duty, On appeal, the Appellate Assistant Commissioner affirmed the said view. A second appeal was carried to the Tribunal. It was urged before it that the wife of late Gopinath Sahu not being a coparcener was not entitled to a share in the event of a partition between the coparceners. Therefore, the views expressed by the lower forums were corr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on arose before the Andhra Pradesh High Court in CED v. Estate of late Durga Prasad Beharilal [1979] 116 ITR 692. In that case, the deceased was a member of a Hindu undivided family which consisted of himself, his wife and three sons. On his death on November 18, 1970, in determining the net principal value of the estate of the deceased, the Assistant Controller of Estate Duty determined the value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was exempt under section 33(1)(n) of the Act and the value of the balance 4/5ths share of the house property could not be taken into consideration for the purpose of determination of the net principal value of the estate of the deceased inasmuch as the said 4/5ths share belonged to other coparceners. Therefore, the value of the entire house was liable to be excluded from the net principal value o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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