Law: Estate Duty Act, 1950

Section: 58

[Estate Duty Act, 1950 (X of 1950)]........Sections 58, 58A-Estate duty-Cash-in-hand-Failure of accountable persons to produce evidence in support of plea that entire cash-in-hand was spent either on treatment of deceased or charity-Cash-in-hand estimated on the basis of wealth statement of the deceased-Whether justified-Held yes. B. Estate Duty Act, 1950 (X of 1950) Section 58A-Goodwill- Supply contractors business--Whether has any goodwill-Held no-Goodwill on account of share of deceased in partnership business, if any-Whether includible in the estate of the deceased-Held no. Cases referred to:- Steuart v. Gladstone (1879) 10 Ch, 626; Greens Death Duty, 6th Edition; Partnership by Lindley, 12th Edition and Indian Estate Duty Act by Nanavati, 2nd Edition. ORDER [The order was passed by MIAN ABDUL KHALIQ, Judicial Member]- This appeal assails the order passed by the Controller of Estate Duty, Lahore under Section 58A of the Estate Duty Act of 1950. 2. The brief facts of the case are that "A" died on 1-7-1974. The appellant filed return on E.D. l as accountable person and thereafter proposal under Section 58 of Estate Duty Act was issued. On receipt of objections from the accountable person the impugned assessment was processed. On behalf of the appellant the following objections were made :- CASH IN HAND Against "Nil" declaration by the accountable person the learned Controller issued proposal for inclusion of a sum of Rs. 75,000 by way of cash-in-hand. This proposal was made on the basis of wealth-statement of the deceased as on 31-3-1974 wherein a sum of Rs. 75,000 was declared as cash-in-hand. The learned Controller of Estate Duty, rejected the plea of the accountable person that the entire cash-in-hand had been spent either on treatment or on charity. No evidence was produced to establish that plea. Before us the learned counsel for the appellant contended, that the deceased was admitted as an indoor patient to Mayo Hospital, Lahore on 8-5-1974 and he died there on 1-7-1974. It was further submitted that the deceased who was suffering from cancer having remained in a private family ward a substantial amount spent on treatment should have been allowed.…

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