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ESTATE DUTY (AMENDMENT) ACT, 1985 – CIRCULAR NO. 434, DATED 7-10-1985
1. Amendments at a glance
SECTION/SCHEDULE PARTICULARS
5C Discontinuance of levy of estate duty in respect of property which passes on the death of any person on or after 16-3-1985 2-3

2. Provisions explained

Explanatory Notes

Estate Duty (Amendment) Act, 1985

1. The Estate Duty (Amendment) Bill, 1985 as passed by Parliament received the assent of the President on September 2, 1985 and has been enacted as Act No. 52 of 1985. This circular explains the substance of the provisions contained in the Estate Duty (Amendment) Act, 1985 (hereinafter referred to as the Amendment Act).

Estate Duty (Amendment) Act, 1985

2. The Amendment Act has inserted in the Estate Duty Act, 1953, a new section 5C which provides that the Estate Duty Act, 1953 shall cease to apply to the levy of estate duty in respect of any property (other than agricultural land) which passes on the death of any person on or after March 16, 1985.

Estate Duty (Amendment) Act, 1985

3. As regards the levy of estate duty in respect of agricultural lands, it may be mentioned that after coming into force of the Estate Duty (Amendment) Act, 1984, the levy of estate duty has ceased to apply in respect of agricultural lands situate in the territories comprised in all the Union territories and the States mentioned in clause (a) of sub-section (2C) of section 5A of the Estate Duty Act with effect from October 24, 1984. Further, intimations have been received regarding the Legislatures of Uttar Pradesh and Rajasthan having passed resolutions under article 252 of the Constitution, adopting the proposals with respect to the amendments made by the Estate Duty (Amendment) Act, 1984. The U.P. State Legislative Council passed the resolution on April 19, 1984 and the U.P. State Legislative Assembly passed the resolution on September 11, 1984. The Rajasthan State Legislature passed the resolution on October 17, 1984. Thus, in terms of the provisions of section 5A(2C)(b) of the Estate Duty Act, the levy of estate duty has ceased to apply to agricultural lands situate in the territories comprised in the State of U.P. with effect from January 12, 1985 and those situate in the territories comprised in the State of Rajasthan with effect from February 18, 1985.

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