Supreme Court · 2009 INSC 1260 · Decided 25 November 2009
Controller of Estate Duty, Kerala v. Nalini V. Saraf
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1260 · [2009] 15 S.C.R. 1143
- Case number
- CIVIL APPEAL No. 8247/2004
- Decided
- 25 November 2009
- Bench
- S.H. KAPADIA, H.L. DATTU (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Estate duty - Value of goodwill - Determination of - Application of super-profit method - Partnership firm engaged A 8 in export business - Death of partner of a firm - c Determination of accumulated profits and goodwill in firm - Assistant Collector applying super profit method, applied - Also held that refund of income tax after demise· of deceased, constituted property of deceased - Tribunal and High Court holding that multiplier 0 of one year purchase to be applied and refund had not become due when partner died but the claim for refund was pending adjudication
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