9911796707
TMI Blog1978 (2) TMI 91X X X X Extracts X X X X X X X X Extracts X X X X ..... to as "the Act") : " 1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that no estate duty was chargeable under section 5 of the Estate Duty Act, 1953 ? 2. Whether, on the facts and in the circumstances of the case, and in view of the clear provisions of sub-section (1) of section 34 of the Estate Duty Act, 1953, estate duty was rightly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed on his death, was worth less than Rs. 50,000 and was, thus, not assessable to estate duty in view of section 5 read with section 35(1) and the Second Schedule to the Act. It also pointed out that the aggregation of property under section 34 had to be done only for determining the rate at which the property passing on the death of Shri Jai Ram Dass was to be assessed to estate duty. If, howev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... geable to estate duty at all. This fact is not altered by the aggregation of the property passing on the death of Shri Jai Ram Dass with the property of his lineal descendants under section 34. The aggregation has to be done only for the purpose of determining the rate at which the property passing on the death of Shri Jai Ram Dass should be assessed to estate duty. But this is subject to the cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nces of the case, the Tribunal was correct in law in holding that no estate duty was chargeable under section 5 of the Act. 2. The provisions of section 34(1) of the Act do not make the estate passing on the death of Shri Jai Ram Dass liable to the charge of estate duty because they come into play only for the purpose of aggregation and thereupon for determining the rate at which the estate duty ..... X X X X Extracts X X X X X X X X Extracts X X X X
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