CONTROLLER OF ESTATE DUTY, GUJARAT I,AHMEDABAD. vs M.A. MERCHANT ACCOUNTABLE PERSON OFLATE SHRI A.G MERCHANT,

The Supreme Court held that Section 59 of the Estate Duty Act is not retrospective in operation, thus the reopening of assessments under this section is invalid. The Court distinguished the newly enacted Section 59 from the old Section 62, noting that the former addresses property escaping assessment, while the latter dealt with rectification of mistakes. The Court emphasized that there is no express or implied intent for retrospective application, affirming the principle against interfering with vested rights through subsequent legislation.