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TMI Blog1975 (3) TMI 4X X X X Extracts X X X X X X X X Extracts X X X X ..... the circumstances of the case, the Tribunal was justified in law in holding that the value of the entire residential house occupied by Shri Sunder Lal, the deceased, karta of his HUF , was exempt from estate duty and the share of the lineal descendants of the deceased was not includible for the rate purposes in view of the provisions of s. 33(1)(n) read with s. 34(1)(a) of the E.D. Act, 1953 ? " ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he E.D. Act, held that the entire house which was exclusively occupied by the deceased was exempt under the said provisions. In other words, it was held that the value of the property was not only excluded from the estate duty but it was also not includible for rate purposes. On an application made under s. 64(1) of the E.D. Act on behalf of the Controller of Estate Duty the aforesaid question of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t under cl. (a), cl. (c) which relates to the remaining half which belonged to the son, who was a lineal descendant of the deceased, would be liable to be aggregated under cl. (c). The value of this share was validly taken into consideration by the Assistant Controller of Estate Duty for rate purposes." In our opinion, the decisive words in s. 33(1) are " which passes on his death ". Section 39( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the principal subs. (1) itself. Therefore, our answer to the aforesaid question is as follows : " The Tribunal was not justified in holding that the value of the entire residential house occupied by Shri Sunder Lal, deceased, karta of his HUF, was exempt from estate duty and the share of the lineal descendants of the deceased was not includible for rate purposes in view of the provisions of s. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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