Law:

Section:

Section 57, read with section 53 of the Estate Duty Act, 1953 - Provisional assessment - Whether a provisional assessment should be founded on account delivered under section 53(3) which reflects value of property in respect of which estate duty is payable, and so enumeration of other properties which, according to account delivered, deceased no longer owned when he died, can not form foundation of a provisional assessment under section 57 - Held, yes FACTS The petitioner filed the details of estate of his deceased father in which he enumerated the gifts which had been made according to him by the deceased, before the extension of the Indian laws to the Goa territory. The ACED then made a provisional assessment under section 57. In the course of the order which he made, he stated that the petitioner had admitted that the value of the estate of the deceased, in respect of which estate duty was payable, was Rs. 14,42,509 and that, therefore, the tax which could be provisionally determined as payable by the petitioner was Rs. 1,83,196. On writ : HELD Under section 57, a provisional assessment should be founded on the account delivered under section 53(3), which provides that every person accountable for estate duty shall deliver an account in the prescribed form of all the properties in respect of which estate duty is payable. In the instant case the value of the property which according to the petitioner bore estate duty was only Rs. 26,000. So, according to that account, no estate duty was at all payable. It is true, as pointed out by ACED, that in the account delivered under section 53(3), the petitioner did refer to some gifts made by his father and that subsequently he stated the values of the property so gifted. But the account to which section 57 refers and which is required to be delivered under section 53(3) is the account which reflects the value of the property in respect of which estate duty was admittedly payable, and so the enumeration of other properties which, according to the account delivered, the deceased no longer owned when he died, could not form the foundation of a provisional assessment under section 57. The provisional assessment made by…

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