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TMI Blog1985 (2) TMI 66X X X X Extracts X X X X X X X X Extracts X X X X ..... ties which passed on the death of Mrs. Mody who died on 9th July 1966. Since the same property was involved in the estate duty assessments relating to successive deaths, the Asstt. Controller had to work out the quick succession relief under s. 31 of the Act in respect of the present accountable person. In so doing it would appear that the Asstt. Controller deducted from the value of the property ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 34. Admittedly other assets are included in both the assessments as passing on the death. As seen from the order giving effect to an earlier appellate order, the Asstt. Controller computed 50per cent of the sum of Rs. 8,99,834 as liable to duty. From this he worked out the doubly assessed sum at Rs. 4,49,917. Since on the second deceased's death deduction for proportionate duty on the said amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the bank. There is a time lag of about six months between the two deaths. We are told that during the interim period there was a Trustee-in-charge of these deposits looking after the interests of the second deceased as a beneficiary. The details as to why a Trustee was appointed and why administration and distribution took a long time or at any rate whether administration, etc. expenses of the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f instead of cash balance it is a bank balance. The more specific question would be out of an amount of cash or bank balance, say Rs. 34,834 in this case every rupee going to make Rs. 34,834 is "any property" as specified in s. 31 or the entire Rs. 34,834 would qualify for it. Basically, therefore, where cash is involved, it becomes difficult to fix the property common to the two successive assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of estate duty payable on the first death, naturally the same amount has to be considered for quick Succession Relief also. Thus apart from the fact that the amount included in both the assessment is almost an estimated figure, even on the ground that the same amount should be considered for the relief, the Department's stand cannot be accepted. 4. The departmental appeal is dismissed. - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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