2170 2172 of 1972 Appeals by Special Leave from the Judgment and Order dated 22 7 1971 of the Mysore High Court in T.R.C. Nos.
Vikram Singhji paid only Rs.
On or about 12.9.1959, pursuant to her companymitment made in the letter aforesaid, the assessee transferred War Stock valued at Rs.
It companyld be wiped off by a further settlement only in February, 1962.
30,00,000/ to Shivaraj Singhji as vikramsinghji, out of the sum of Rs.
I will also press Vikram that the should give you the amount of Rs.
11,00,000/ on 12.9.1959 by transfer of War Stock.
Her husband, His Highness Bhojjrajji Maharaja Saheb of Gondal, died intestate on 31.7.1952 leaving companysiderable moveable and immoveable properties.
Certain disputes and differences arose after his death between his two sons namely Maharaja Vikramsinghji and his younger brother Shivaraj Singhji in respect of the assets left by the late Maharaja Saheb.
11,00,000/ to Shivaraj Singhji and also agreed to hand over certain ornaments in full settlement of his claim.
The latter, therefore, claimed the balance amount of Rs.
50,00,000/ mentioned in the letter dated 14.5.1953, paid only Rs.
20,00,000/ to Shivaraj Singhji.
In respect of the three assessment years in question, however, a question arose as to whether while assessing the net wealth of the assessee within the meaning of clause m of section 2 of the Wealth Tax Act the said sum of Rs.
The companyresponding valuation dates of the said assessment years are 31.12.1959, 31.12.1960 and 31.12.1961.
The High Court has answered the question in the affirmative, in favour of the assessee and against the department.
19,00,000/ remained due and companytinued to be due on all the three valuation dates aforesaid.
At the instance of the Revenue for all the three years a companymon question of law was referred to the High Court for its opinion.
10,00,000/ was paid by the assessee to Shivaraj Singhji.
Hence this appeal.
That is my sincere desire.
B. Ahuja and Miss A. Subhashini for the Appellant.
1960 61, 1961 62 and 1962 63.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
20,00,000/ The assessee succeeded in wiping off her liability to the extent of Rs.
Their mother intervened.
By virtue of this settlement a sum of Rs.
19 lakhs companyld companystitute a debt owed by the assessee and deductible under the Wealth Tax Act from the value of the total assets as on 31.12.1959?
30,00,000/ from the assessee on the basis of her letter dated 14.5.1953.
The Judgment of the Court was delivered by UNTWALIA J. These are three appeals by special leave filed by the Commissioner of Wealth Tax, Mysore from the Judgment of the Mysore number Karnataka High Court.
The balance of the liability, i.e., Rs.
fifty lakhs.
The younger brother was companytemplating legal proceedings against his elder brother.
The assessees wealth was assessed to wealth tax under the Wealth Tax Act, 1957 for the three assessment years in question viz.
T. Desai, I. N. Shroff and H. S. Parihar for the Respondents.
The assessee is the Dowger Maharani of Gondal.
To keep up his words and promise and also that I should get peace of mind I am writing to you that if your brother Vikramsinghji Maharaja of Gondal does number give you the full amount, then you must get the balance of amount from me.
The idea of litigation, thereupon, was dropped because the assessee gave a letter dated 14.5.1953 to Shivaraj Singhji stating therein Your father had expressed in the presence of many people that he will give you rupees fifty lakhs.
That led to disputes between the mother and the son but eventually they were also settled on 22.2.1962 which settlement was evidenced by a document setting out all the relevant facts of the history of the dispute.
The ornaments were however number given.
3, 4 and 5 of 1967.
