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K.C.SRIVASTAVA, S.P.KAPUR
SMT. ISHWARI BAI – Appellant
Versus
ASSISTANT CONTROLLER OF ESTATE DUTY – Respondent


Advocates Appeared:
BISHAN LAL,J.S. Rao

ORDER

Per Shri K.C. Srivastava, Accountant Member - This appeal by the accountable person relates to the estate duty assessment of Smt. Ishwari Devi, who died on 5-3-1979. The deceased owned certain lands and the question before us is regarding their valuation having regard to the circumstances of the case.

2. The first point is regarding the value of Bahadurgarh plot. This plot had been acquired by the Haryana Government on 18-2-1977, which was much before the date of death. The case of the assessee was that only the compensation regarding this land could be taken into consideration while valuing this property. The Appellate Controller, however, ignored the fact of acquisition as, according to him, this evidence had come before him for the first time and he upheld the valuation of the above land at Rs. 30,425 as fixed by the Assistant Controller. This valuation has been made on the basis of the prevailing price.

3. The learned counsel for the assessee submitted before us that the fact of acquisition was claimed by the accountable person even before the Assistant Controller and only the specific order of the acquisition authority was being produced now. It was submitted that this is

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