Law:

Section:

Section 63, read with section 64 of the Estate Duty Act, 1953 - Appellate Tribunal - Assistant controller determined value of property left behind by deceased but on appeal same was reduced by Appellate Controller - Accountable person accepted valuation as determined by Appellate Controller - On revenue's appeal, Tribunal considered facts for determining valuation and directed investigation afresh into valuation of property by Appellate Controller - Whether Tribunal had power to direct further investigation - Held, yes - Whether fear of revenue that further investigation might result in lesser valuation was clearly hypothetical and, therefore, no question of law arose from Tribunal's order - Held, yes FACTS The accountable person filed a return of estate left behind by the deceased valuing certain land at Rs. 35,600. The Assistant Controller, relying on the value adopted in wealth-tax assessment, valued said property at Rs. 92,000. On appeal, the Appellate Controller reduced the value of the property to Rs. 35,600. On the revenue's appeal, the Tribunal directed fresh investigation by the Appellate Controller. The department filed application under section 64(1) contending that the accountable person having accepted the valuation determined by the Appellate Controller, inasmuch as no appeal in that behalf was filed, the remand might have the effect of a valuation lower than that now being determined. The Tribunal dismissed the application. On application under section 64(3) : HELD Under section 63(4), the Tribunal had the power to direct a further investigation. As a matter of fact, this power of the Tribunal was not even challenged. The Tribunal while directing further investigation had given out the principles which have to be applied and consideredvis-a-vis the facts for determining the valuation. The Tribunal had the power to remand the case for the reasons mentioned in the order. At this stage, the fear of the department that as a result of the further investigation a valuation lesser than Rs. 35,600 might be determining, was clearly hypothetical. Therefore, no such question of law at this stage arose from the Tribunal's order. Note : The decision is…

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