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1984 Supreme(Kar) 268

K.J.SHETTY, K.S.PUTTASWAMY, S.A.HAKEEM
CONTROLLER OF ESTATE DUTY KARNATAKA – Appellant
Versus
ANDAL THAYARAMMA – Respondent


Advocates:
G.Sarangan, K.R.Prasad, S.G.SHIVARAM

PUTTASWAMY, J.

( 1 ) IN T. R. C. No. 17 of 1974 the income Tax Appellate Tribunal, bangalore Bench, Bangalore ('the tribunal') at the instance of the revenue has referred the following questions under S. 64 (b) of the estate Duty Act of 1953 (Central act No. 34 of 1953) ('the Act'):- 1. Whether on the facts and in the circumstances of the case, it was for the Tribunal, an error of law to hold that the provisions of s. 7 (I) Estate Duty Act are not applicable to the case ?

( 2 ) WHETHER, on the facts and in the circumstances of the case, it was for the Tribunal an error of law to hold that the provisions of S, 34 (I) (c) Estate Duty Act are not applicable to the case ? in T. R. C. No. 85 of 1975 the Tribunal at the instance of the accountable person ('assessee') has referred the following question : whether on the facts and in the circumstances of the case, the tribunal was right in holding that the provisions of S. 34 (1) (c) of the Estate Duty Act were operative and applicable to the facts of the case ? in order to appreciate the questions referred to this Court and the answers to. be furnished thereto, it is necessary in the first instance to notice the facts of the cases. 2. T. R





























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