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TMI Blog1990 (4) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... 83,195 bequeathed to institutions referred to in sec. 10(22) of the I.T. Act, 1961, as per the provisions of sec 33(2) of the E.D. Act read with Notification No. GSR 513 dated 29-4-80. 3. It would appear that donations amounting to Rs. 83,185 were made to the institutions referred to in sec. 10(22) of the I.T. Act in respect of which complete exemption was claimed before the revenue authorities u/s. 33(2) of the E.D. Act. Both the ACED as well as the CED(A) took the stand that only properties mentioned in sec. 34(1)(a) of the E.D. Act were fully exempted and all other properties would have to be included in the property passing on death for the purpose of calculating the rate of duty. It is against this finding that the present appeal has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estate duty shall be payable' that expression should be interpreted to mean 'the donations so made should be included in the property passing on death for rate purpose'. 6. While challenging this finding of the CED(A) Shri Sarkari argued that property is aggregated in section 34 and section 35 of the E.D. Act only if the estate duty was leviable and, therefore, the property on which estate duty was not chargeable or which was exempt from estate duty, was also exempt from aggregation. 7. The short question for consideration is whether the donations made to the approved institutions would come for aggregation u/s. 34(1) of the E.D. Act where the exemption conferred by the Notification would be in the nature of double exemption or where it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asset will not be payable but it does not say that the property will be doubly exempt from the property passing on death. 10. We have carefully considered the submissions made in this behalf by Shri Sarkari. Section 33(1) of the Estate Duty Act enumerates special types of properties like household goods, books, wearing apparel, works of art, heirlooms, which are exempt from estate duty in the sense that the principal value of these properties is not to be included even for determining the rate of estate duty. The exemption under section 33(2), however, has to be interpreted with reference to the language used in the notification issued from time to time. We find that the relevant notification for the present purpose is Notification No. GS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erty exempt from estate duty" means any property which is exempt from estate duty under section 33, any agricultural land and interests of all coparceners other than the deceased in the joint family property of a Hindu family governed by Mitakshara, etc. This would mean that the property, which is to be treated as exempt from estate duty under section 33, is to be included for the purpose of aggregation. However, on such property, estate duty will not be leviable. Sub-section (2) provides that the estate duty leviable on the property not exempt shall be calculated on a proportionate basis. This by implication would mean that the term "the property exempt from estate duty", which as we have seen while considering the Explanation to the secti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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