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november 2009

Supreme Court of India · 2009-11-25

Controller Of Estate Duty, Kerala vs Nalini V. Saraf

Citation / case number
AIR 2010 SC (SUPP) 479
Court
Supreme Court of India
Petitioner
Controller Of Estate Duty, Kerala
Respondent
Nalini V. Saraf
Author
S.H. Kapadia
Bench
H.L. Dattu, S.H. Kapadia

Judgment text excerpt

The Supreme Court upheld the Kerala High Court's decision regarding the valuation of goodwill and income tax refunds in the estate of V.G. Saraf, who passed away on 18th October 1984. The Court affirmed the Tribunal's application of a one-year purchase multiplier for goodwill valuation, rejecting the Assistant Controller's three-year multiplier as excessive. Additionally, it was held that income tax refunds had not crystallized at the time of death and thus did not constitute property of the estate, referencing Estate of Late General Sir Shankar S.S.J.B. Rana vs. Controller of Estate Duty [1990] (186 I.T.R.578). The appeal was dismissed with no order as to costs.

Controller Of Estate Duty, Kerala vs Nalini V. Saraf · Niyam