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july 1998

Supreme Court of India · 1998-07-20

P. MADHUSUDHAN REDDY (DEAD) BY LRS. vs THE CONTROLLER OF ESTATE DUTY

Citation / case number
SC 1985/67081
Court
Supreme Court of India
Petitioner
P. MADHUSUDHAN REDDY (DEAD) BY LRS.
Respondent
THE CONTROLLER OF ESTATE DUTY
Author
Sujata V. Manohar
Bench
D.P. WADHWA SUJATA V. MANOHAR

Judgment text excerpt

The Supreme Court addressed the estate duty implications concerning life insurance policies under Section 38 of the Insurance Act, 1938. The Court held that the life insurance policies, which were assigned to the deceased's grandchildren, formed part of the general estate and could not be separately assessed for estate duty. The judgment clarified that the assignment of policies was valid and binding, thus impacting the estate duty calculation. The Court ultimately upheld the Appellate Tribunal's decision that all three policies should be included in the general estate of the deceased.

P. MADHUSUDHAN REDDY (DEAD) BY LRS. vs THE CONTROLLER OF ESTATE DUTY · Niyam