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Section 5 of the Estate Duty Act, 1953 - Property passing on death - Widow of deceased filed estate duty return on death of deceased - Assistant Controller included refund due on revision of income-tax and wealth-tax assessments for earlier years in principal value of estate - Whether impugned refund available after death of deceased could be considered to be property available to deceased at time of death so as to render it liable to duty under section 5 - Held, no Facts The widow of the deceased filed the estate duty return of the deceased in the capacity of accountable person. While completing the estate duty assessment, the Assistant Controller included the refund due to the deceased on account of revision of wealth-tax and income-tax assessments for certain earlier assessment years in the principal value of the estate. The accountable person contended that since the amount of refund became due only after the death of the deceased, the same could not be treated as his property passing on death. The Tribunal upheld the accountable person's contention. On reference : Held In the instant case, the refunds which became available after the death of the deceased could not be considered to be the property available at the time of death. Hence, it could not be considered to be property which passed on his death. The death did not cause property to change hands. The fact that a person can nominate a beneficiary does not amount to the disposition of a property. Accordingly, the Tribunal was justified in its view. Case referred to M.Ct. Muthiah v. CED AIR [1986] SC 1863. K.M. Chowdhari for the Applicant. JUDGMENT Agrawal, J. - Maharaja Pateshwari Prasad Singh died on 20-6-1964 leaving behind his widow, Maharani Raj Laxmi Devi. She filed estate duty return in the capacity of accountable person of the deceased. The Assistant Controller framed the assessment under the Estate Duty Act, 1953 ('the Act') on 27-6-1970 stating therein that income-tax liabilities allowance and inclusion of refund was taken at nil subject to rectification under section 61 of the Act. Subsequently, the ITO reported to the Assistant Controller that refunds of Rs. 8,47,034 became payable to the…

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