Law:

Section:

Section 62, read with section 58(4) of the Estate Duty Act, 1953 - Appellate Controller - Appeals to - Whether in disposing of an appeal preferred against an assessment made under section 58(4), it is open to Appellate Controller to consider fresh evidence for purpose of rectifying estimate made by Assistant Controller - Held, yes FACTS The estate duty assessment of the deceased was made upon his death. The estate of the deceased were sattled upon his minor son and trustees were appointed for management of properties during his minority. After repeated reminders as the trustees had not delivered any account in the prescribed from and verified in the prescribed manner, of all the properties passing on the death of the deceased, the Assistant Controller made the assessment determining the principal value of the estate of the deceased to the best of his on the information available from the records. On appeal, the Appellate Controller confirmed the best made by the Assistant Controller but it reduced the quantum of the principal value of the estate by considering fresh evidence. The further appeal filed by the revenue was dismissed by the Tribunal. The Tribunal held that Appellate Controller had ample powers not only to take into consideration the materials on record but also to make such further enquires as he thought fit. On reference: HELD From the provisions relating to the assessment and appeal as contained in section 58 and section 62 it would be clear that the Act does not make any distinction between the scope and jurisdiction of the Appellate Controller in regard to the assessment made by the Assistant Controller under any particular provision. In other words, whatever may be the sub-section under which the assessment came to the made, the Appellate Controller has the same powers in disposing of an appeal against such assessment. If even with reference to the provisions of Income-tax Act, 1961, which contain another remedy by way of an application to the ITO to set aside a best assessment, the powers of the appellate authority are not different the legal position will be a fortiori in a case arising under the Act which does not contain any provisions for…

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