Law:

Section:

Section 61 of the Estate Duty Act, 1953 - Rectification of mistakes - Powers of - During original assessment Assistant Controller gave Rs. 1,46,506 as deduction on account of deceased's income-tax and excess profits tax liabilities - Subsequently, accountable person got settled tax liabilities at Rs. 30,000 - On coming to know of fact, Assistant Controller issued notice under section 61 and rectified order - Whether amount settled by department was amount payable by deceased and it related to liability of deceased as on date of death, and as such only that sum of Rs. 30,000 should have been deducted in ascertaining value of estate of deceased - Held, yes - Whether, therefore, there had been mistake in assessment which Assistant Controller was entitled to rectify under section 61- Held, yes Section 83 of the Estate Duty Act, 1953 - Authorised representative, apperance by - Authority given to authorised representative gave them power to represent in connection with all proceedings under Estate Duty Act - Notice under section 61 for rectification was served on accountable person who lived in foreign country - Notice was also served on authorised representative who received notice and asked for time to filing reply - Whether it could be said that authorised representative had recessary authority to receive notice and to represent petitioner during rectification proceedings - Held, yes FACTS 'N' (deceased) died in Colombo on 12-07-1958. The petitioner, the son of 'N', was the accountable person in respect of the estate of the deceased. The estate duty assessment was made by the Assistant Controller on 30-01-1961, under section 58(3) determining the net principal value of the estate, at Rs. 4,80,419 and the duty payable at Rs. 48,162. In arriving at this principal value of the estate, a sum of Rs. 1,46,506 was allowed as a deduction on account of the deceased's income-tax and excess profits tax liabilities. The Assistant Controller had also noted at the foot of the order that the correct amount due to the deceased as double income-tax relief was not known and that the assessment would be revised later on this score. On the representations made by the accountable…

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