Law:

Section:

Section 58(4), read with sections 53 and 55, of the estate duty act, 1953 - Best Judgment assessment - Accountable person rendered account of estate of deceased in form ed-5, beyond the period prescribed in section 53(3), in response to notice served on her under section 55 - Assistant controller made a best assessment under section 58(4) as accountable person failed to comply with notice served on her under section 58(2) - Whether tribunal was justified in holding that inasmuch as return did not comply with requirement of section 53 both as to time and particulars, best assessment made under section 58(4) was invalid - Held, on facts, no Section 73A of the estate duty act, 1953 - Assessment - Limitation for commencing - Deceased died on 23-09-1959 - Assistant controller served notice on accountable person on 5-03-1963 under section 55 calling upon him to deliver account - Whether, proceedings for levy of estate duty were commenced within the period prescribed under section 73A - Held, on facts, yes Facts The accountable person rendered an account of the estate of the deceased, who died on 23-09-1959, in Form ED-5 on 1-04-1963 in response to a notice served on her on 5-03-1963 under section 55 and claimed that the notice and the proceedings were illegal. The Assistant Controller, however, made a best assessment under section 58(4) as the assessee did not comply with the notice served on her on 16-04-1963 under section 58(2). The accountable person's appeal before the Appellate Controller was unsuccessful. The Tribunal, however, held (i) that as the account had been filed beyond the period prescribed in section 53(3) ; and (ii) that as the account was rendered in Form ED-5 and was not complete in all respects, there was no return under section 53 at all, and as such, no notice under section 58(2) could be issued and as a consequence the best assessment made under section 58(4) was invalid. It indicated that the proper course to adopt was to take proceedings under section 59. On reference : Held 1. Section 53(3) imposes only a duty on every person accountable for estate duty to file the accounts within six months of the death of the deceased, but from this it…

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