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R.L.SANGANI, K.S.VISWANATHAN
SMT. MANGALA G. ABHYANKAR – Appellant
Versus
FIRST ASSISTANT CONTROLLER OF ESTATE DUTY – Respondent
Per Shri R.L. Sangani, Judicial Member - Shri G.M. Abhyankar died on 19-2-1981. His widow Smt. Mangala G. Abhyankar is the accountable person and she has filed this appeal against order dated 21-3-1983, passed by the Controller (Appeals).
2. The first ground relates to an amount of Rs. 52,500 being the amount of commission payable to the deceased on the date of his death. The assessee was managing director of Hico Products Ltd. He was entitled to commission from his employer under clause 5(1)(b) of the agreement dated 31-7-1979. Clause 5(1)(a) and (b) read as follows:
"(1) In consideration of the performance of his duties, the company shall, during the continuance of this agreement pay to the managing director.
(a)Salary of Rs. 90,000 per annum.
(b)Commission at the rate of 1 per cent on the annual net profits of the company computed in the manner referred to in section 198 of the Companies Act, 1956 subject to a maximum of Rs. 45,000. . ."
3. The commission payable to the deceased on the date of death was as follows:
| | Rs. |
| Commission for the calendar year 1980 (1-1-1980 to 31-12-1980) | 45,000 |
| Commission for the period from 1-1-1981 to 12-2-1981 (date of | |
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