Law: Income Tax Act, 1922

Section: 46(5A)

- Sections 2,(12) (12A), 5, 53, 56, 57(2), 58, 62(1)(b) & 73(3) - Estate Duty Act, 1953 - Section 46(5A) - Indian Income-tax Act, 1922 - Section 234 - Indian Succession Act, 1925 JUDGMENT 1. This order will dispose of Civil Writ Petitions Nos. 253 and 785 of 1963. The capacity of the petitioners is different, but the principal question which has been debated before me and which arises in both the petitions is common to them. 2. In order to appreciate the entire controversy it will be proper to set out the facts in considerable detail though it may be mentioned that on facts there is not much dispute. Edwin Hotz, a British subject, died in England on the 9th September, 1957. In one of the petitions his date of death is mentioned as 4th July, 1957, but the learned counsel for the petitioners in both these petitions admitted that the correct date of death is 9th September, 1957. Edwin Hotz left in India shares in the petitioner-company, Hotz Hotels Private Limited (petitioner in C.W. No. 253 of 1963), and the amount of dividends due thereon. He also left money due to him as a beneficiary of one Mr. Hans Hotz. This money is held by the trustees of Mr. Hans Hotz (petitioner in C.W. No. 785 of 1963) for he created a trust in his lifetime which trust had to pay the amounts bequeathed by Hans Hotz to the respective beneficiaries. 3. Mrs. Olive Muriel Hotz is the widow of the deceased. She filed a return with the Controller of Estate Duty at Patiala under the Estate Duty Act, 1953 (hereinafter referred to as the Act). On the basis of her return the Controller assessed the duty at Rs. 1,34,825.90 nP. She paid a sum of Rs. 39,128 towards the amount of that duty. The balance that still remains unpaid according to the department is Rs. 95,697.90 nP. The department issued two notices to the respective petitioners in both the petitions under section 73(5) of the Act read with section 46(5A) of the Income-tax Act, 1922, calling upon them to pay the amount due from the petitioners to or held by the petitioners for or on account of the assessee and belonging to the estate of the deceased, Edwin Hotz, towards the satisfaction of the balance of the estate duty not paid. It was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492