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5. The following amendments shall be made in the Estate Duty Act, 1950 (X of 1950), namely:-
(1) in section 2, after clause (17A), the following new clause shall be inserted and shall be deemed to have been so inserted with effect from the 26th day of March, 1971, namely:-
“(17AA) ÔÇÿtaxable territories' has the 1[same] meaning assigned to that expression by clause (14AA) of section 2 of the Income-tax Act, 1922;”;
(2) in section 25A,-
(a) in clause (1), in the proviso, for the words “two lac Taka” the words “one lac Taka” shall be substituted;
(b) in clause (3), the provisos shall be omitted;
(c) clause (7) shall be omitted; and
(d) clause (11) shall be omitted;
(3) for section 55, the following shall be substituted, namely:-
“55. (1) If any person fails to comply with any of the provisions of section 53 or section 54 without reasonable cause, he shall be liable to pay by way of penalty a sum not exceeding one thousand taka and, in case of a continuing default, a further sum not exceeding fifty taka for every day during which the default continues.
(2) No order shall be made under sub-section (1) unless the person has been given a reasonable opportunity of being heard.”;
(4) in section 57, for the words and commas “, as the case may be,” the words, brackets, figures and comma “under sub-section (3) of section 58, or” shall be substituted;
(5) for section 58 the following shall be substituted, namely:-
“58. (1) Upon the delivery of the account under section 53 or section 56, the person delivering it shall pay to the Controller the estate duty, if any, payable in respect of the property included in the account unless the time for payment is extended by the Controller, in which case a security to the satisfaction of the Controller shall be furnished.
(2) Where any payment is made or the time for payment is extended under sub-section (1) the Controller shall grant a certificate that the estate duty referred to therein has been paid or will be paid or that no such estate duty is due, as the case may be.
(3) The Controller may at any time after the delivery of the account proceed to make in a summary manner a provisional assessment of the estate duty payable on the basis of such account.
(4) After a regular assessment has been made, any amount paid towards the provisional assessment made under sub-section (3) shall be deemed to have been paid towards the regular assessment.
(5) There shall be no right of appeal against a provisional assessment made under sub-section (3).”;
(6) in section 58E, in the second proviso, for the words “a reference” the words “an application” shall be substituted;
(7) in section 59A,-
(a) for sub-sections (1), (2), (3), (4) and (5) the following shall be substituted, namely:-
“(1) Within ninety days of the date upon which he is served with an order under sub-section (3) of section 59, the person accountable or the Controller may present an application in the prescribed form and, where the application is made by the accountable person, accompanied by a fee of one hundred Taka, to the High Court referring any question of law arising out of such order.
(2) An application under sub-section (1) may be admitted after the expiry of the period of ninety days aforesaid if the High Court is satisfied that there was sufficient cause for not presenting it within the said period.
(3) An application under sub-section (1) shall be in triplicate and shall be accompanied by the following documents, and where any such document is in any language other than English, also by a translation thereof in English, namely:-
(a) Certified copy, in triplicate, of the order of the Appellate Tribunal out of which question of law has arisen;
(b) Certified copy, in triplicate, of the order of the Controller which was subject-matter of appeal before the Appellate Tribunal; and
(c) Certified copy, in triplicate, of any other document, the contents of which are relevant to the question of law formulated in the application and which was produced before the Controller or the Appellate Tribunal, as the case may be, in the course of any proceedings relating to any order referred to in clause (a) or clause (b).
(4) Where the accountable person is the applicant, the Controller shall be made a respondent and where the Controller is the applicant, the accountable person shall be made a respondent:
Provided that where an accountable person dies or is adjudicated insolvent the application shall not abate and may, if the accountable person was the applicant, be continued by, and if he was the respondent be continued against, the executor, administrator or other legal representative of the accountable person, or by or against the receiver.
2[(5) On receipt of notice of the date of hearing of the application the respondent shall, at least seven days before the date of hearing, submit in writing a reply to the application and he shall therein specifically admit or deny whether the question of law formulated by the applicant arises out of the order or the Appellate Tribunal and if the question formulated by the applicant is, in the opinion of the respondent, defective, the reply shall state in what particular the question is defective and what is the exact question of law, if any, which arises out of the said order; and the reply shall be in triplicate and be accompanied by any documents (along with a translation in English of such documents as are not in English) which are relevant to the question of law formulated in the application and which were produced before the Controller or the Appellate Tribunal, as the case may be, in the course of any proceedings relating to any order referred to in clause (a) or clause (b) of sub-section (1).]”; and
(b) sub-section (6) shall be omitted;
(c) in sub-section (7) the words “or the Supreme Court” shall be omitted;
(d) in sub-section (8) the words “or to the Supreme Court” shall be omitted;
(e) in sub-section (9) the words “or to the Supreme Court” shall be omitted;
(f) after sub-section (10), the following new sub-section shall be added, namely:-
“(11) Section 5 of the Limitation Act, 1908, shall apply to an application to the High Court under this Section.
(12) Any application made to the Appellate Tribunal or any question of Law referred to the High Court by the Appellate Tribunal before the first day of July, 1971 shall be disposed of by the Appellate Tribunal or the High Court, as the case may be, as if the Finance (1971-72) Order, 1972 had not come into force.”
(8) in section 59B,-
(a) in sub-section (1), for the words “a case has been stated”, the words “an application has been made” shall be substituted;
(b) in sub-section (2), for the words “a case stated” the words “an application made” shall be substituted;
(9) after section 66A, the following new section shall be added, namely:-
“66B. (1) An accountable person may 3[offer] in writing to surrender property in lieu of the estate duty payable under the Act at the valuation determined by the Controller.
(2) When such an offer is made the Controller shall intimate the other accountable persons, if any, about such an offer and if all of them agree in writing to the surrender of such property in lieu of the estate duty, the Controller will accept the same.
(3) The Board may prescribe the procedure for the surrender of such property and for the sale thereof.”
(10) in section 75, in sub-section (2), the words “consisting of agricultural land” shall be omitted.
(11) for the Schedule the following shall be substituted, namely:-
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“SCHEDULE [See Section 4]
Rates of Estate Duty
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