When the appeal filed against the said order was still pending, the respondent made an application under section 52 1 of the Act on February 15, 1971 to the Central Board of Direct Taxes offering one of the items of property passing on the death of the deceased, namely premises No.
The said application elicited a cryptic reply dated September 16, 1971 from the Under Secretary of the Central Board of Direct Taxes, the relevant part of which read as follows I am directed to refer to your petition dated 16.2.1971 on the subject mentioned above and to say that your offer is number acceptable.
1, Phaphamau Road, Allahabad, whose principal value had been determined by the Assistant Controller at Rs.
Appeal by special leave from the judgment and order dated the 6th September, 1972 of the Allahabad High Court in Civil Misc.
2,53,655 in part payment of the balance of estate duty which was still payable by him under the order of assessment.
The Assistant Controller, however, wrote to the respondent on October 21,1971 stating that the respondent companyld pay the arrears of estate duty payable by him in monthly instalments of Rs.
10,000 each beginning from October 29, 1971 subject to payment of interest 9 per annum on the arrears outstanding.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
27 of 1972.
Writ No.
On the death of Lala Beni Madho Agarwal which took place on September 29, 1964 his son Prayag Dass Agarwal, the respondent herein filed a statement of account under the Act of the estate passing on the death of the deceased.
3,37,543.40 by the Assistant Controller of Estate Duty, Allahabad by his order dated November 30, 1970.
Pramod Swarup for the Respondent.
1843 of 1974.
C. Manchanda, Champat Rai and Miss A. Subhashini for the Appellants.
The Judgment of the Court was delivered by VENKATARAMIAH, J. The question which arises for companysideration in this appeal by special leave is whether under section 52 of the Estate Duty Act, 1953 hereinafter referred to as the Act the Central Government is bound to accept in satisfaction of the whole or any part of the duty payable under the Act at such price as may be agreed upon between the Central Government and the person accountable for estate duty any property passing on the death of the deceased when an application is made for that purpose by such person.
