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Judgment
Sugla, J.—The only question referred to this Court in this reference at the instance of the department is as under:
"Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that in the computation of the principal value of the estate of the deceased, the estate duty payable in respect of the estate of the deceased should be deducted?"
The respondent has been served, but he has chosen to rely on the judgment of the Tribunal mentioned in the letter addressed to the department''s counsel and also on the judgment of the Mysore High Court in Mrs. Blanche Nathalia Pinto v. State of Mysore [1964] 53 ITR (ED) 64.
Mr. Jetly, the learned counsel for the department, points out that the issue involved herein is covered by our judgment delivered in Estate Duty Reference Nos. 21 and 30 of 1976 on 5-7-1990 in favour of the revenue and against the accountable person. He also points out that the judgment of the Mysore High Court and another judgment relied upon by the accountable person in his letter have been considered by this Court.
Following our judgment (supra) we hold that the estate duty payable in respect of the estate of the deceased is not deductible for the purpose of computing the principal value of the estate of the deceased.
Accordingly, the question is answered in the negative and in favour of the revenue. No order as to costs.