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...Assessment in the Assessee’s Case?"2. The assessee declared value of two types of gifts - outright gift and revocable gift. The revocable gift related to gift of 6000 equity shar...5091 , relied upon by the Gift Tax Officer, it was held that the said case related to computation of capital gains.3. We have considered the matter arising out of assessment year 1982...applicable to the Gift-tax cases), proposing to raise following question of law:—"Whether on the Facts and Circumstances of the Case, the ITAT was right in law in quashing the Gift-tax...
...related to an assessment year before the introduction of the Explanation to s. 64 of the IT Act. Coming to the facts of the present case of a gift, we find that there is nothing in s. 64 of the IT...received by the spouse or minor child shall be deemed to arise from the assets transferred to them indirectly by the assessee. But in the present case, admittedly, there was an outright gift of the...as a transfer at all. The decision cited by the assessee also indicates that the case of gift is not the same as that of a conversion of individual property into joint family property, though that case...
...object in making the gift or the design or intention behind it should be related to the business. That was also a case where the sole proprietor of a business converted it into a partnership by taking...circumstances of the case, the Appellate Tribunal was right in law in holding that the gift in question was exempt under section 5...Commissioner of Gift-tax v. P. Gheevarghese, Travancore Timbers and Products and the present case. The d...
...inheritance) was sanctioned on 27.9.79 after death of Sardara.21. In the present case, the gift deed related to the year 1950 and the present suit has been instituted in the year...gifted property. In this case also, it was an oral gift which was incorporated in the revenue record vide mutation No. 283 sanctioned on 30.05.1950. Possession of the land gifted is admittedly with the...course of arguments, Mr. V.K. Jindal, learned Senior counsel representing the appellants could not make out that gift made in this case suffers from any legal infirmity or while dismissing the suit of the...
..., namely, the use of the whole indisible article for his gift related to the substance of the article, not to the use of it.” In that case the subject of the gift was Government Promissory Notes, the...gift by Muhammadan Law.The appellant's objection as to the finding in, respect of the stair-case, door, and privy, is also valid. This portion of the gift has been disallowed because the...constitutes them proprietors, but reserves to the donor the income for life. A gift of specific shares is not open to objection under Muhammadan Law, and the gift is not otherwise void, by reason of the...
...Tribunal while considering the genuineness of the gift transactions, vide impugned order has held that:“In the instant case, admittedly, the donors are even not distantly related to the...case is as to whether the identity of the donor has been established, and whether the donor had the capacity to make such a gift or not. In a decision of this Court in...assessee the onus lies on him not only to establish the identity of the donor but his capacity to make such a gift. But, in the instant case, we find that though the assessee had admittedly produced the...
...in the case of Lall Chand Kalra ( supra). In that case, the gift was identical by donor who was agriculturist but was not related to the donee and in that case the contention of the assessee was that...Gurcharan Das, father of Shri Jatinder Kumar was not related to him. The GTO naturally looking to the facts on record considered the said gift to be ingenuine and framed the assessment as protective...assessee is that gift made by Shri Sain Dass in a sum of Rs. 10,000 to Shri Jatinder Kumar ought to have been considered as a genuine gift and it must have been subjected to gift-tax.2...
...donor in this case is not related to the assessee. There is no occasion whatsoever for the gift. There is no reciprocity of gifts between the donor and the assessee. Ld. Commissioner of Income Tax (A...records and hearing the Ld. Departmental Representative. I find that assessee in this case has received a gift of ` 2 lacs from a person who is not related to the assessee. There is no occasion for the...another. iv) Your appellant craves, leave, to add, alter, amend and / or forego any of grounds of the grounds appeal at the time of hearing. 3. In this case assessee has received gift...
...that that donor in this case is not related to the assessee. There is no occasion whatsoever for the gift. There is no reciprocity of gifts between the donor and the assessee. Ld. Commissioner of Income...records and hearing the Ld. Departmental Representative. I find that assessee in this case has received a gift of ` 2 lacs from a person who is not related to the assessee. There is no occasion for the...appellant craves, leave, to add, alter, amend and / or forego any of grounds of the grounds appeal at the time of hearing. 3. In this case assessee has received gift of ` 2 lacs...
...Tax (A) noted that that donor in this case is not related to the assessee. There is no occasion whatsoever for the gift. There is no reciprocity of gifts between the donor and the assessee. Ld...disposed of by perusing the records and hearing the Ld. Departmental Representative. I find that assessee in this case has received a gift of ` 2 lacs from a person who is not related to the assessee. There...another. iv) Your appellant craves, leave, to add, alter, amend and / or forego any of grounds of the grounds appeal at the time of hearing. 3. In this case assessee has received gift...
...wife and that, in any case, the gift, being in fraud of his creditors was void. The objections were dismissed. Mt. Kulsum Bibi came to this Court in appeal, and the case was remanded with a direction...the gift by mutation of names in favour of the donee. Reference in the evidence of Mt. Kulsum to a writing related to this application and not to a written instrument evidencing gift. Our finding on...we did in the earlier case.
3. Accordingly we hold, for the reasons given in the other case, that Habib Baksh made an oral gift of the property in dispute in this case to his wife...
...identity of the donor, his relationship and also occasion for making a gift, in the light of the decision of the Hon'ble Delhi High Court in the case of Sarjan Dass & Sons v. CIT...; onus is on the assessee not only to establish the identity and capacity but it has to be proved that it was actually a gift from the donor out of natural love and affection. In the aforesaid case, the....4. The ld. CIT(A) observed that even in this case there is absolutely no relationship between the donor and the donee. The gift deed was signed on a plan paper without authentication of any...
...Ma Mi v. Kallander Ammal, AIR 1927 PC 22 decided by the Privy Council. That case related to a gift by a Mahomedan of immovable property in the Pegu district of ...paras 3 to 5). His Lordship concluded:)3. Having taken into consideration all the facts and circumstances of the case, I am definitely of the opinion that Ismail made an oral gift of...proved. Mr. Lalnarayana Sinha submitted that the third ingredient, namely, delivery of possession, has not been proved. It is well settled that, in the case of a gift of immovable property by the...
...Rahim Baksh v. Muhammad Hasan 11 All. 1. related to a case where there was a gift in recognition of past services. The case is only an authority for the proposition that mere natural love...date of the gift. In that view he held that there was no valid gift in favour of the plaintiff. There was also another aspect of the case put forward on behalf of the plaintiff before him. That was that...the gift in the present case was not a gift pure and simple but a hiba-bil-iwaz . On this question also the learned Subordinate Judge held against the plaintiff and allowed the appeal and dismissed...
...such gifts are of movable property”.10. The case with which we are concerned, the gift related to movable property. If it is held to be within reasonable limit then certainly the assessee could have made the...the facts and in the circumstances of the case, there was a valid gift of 35 shares by the assessee to his minor son, Vijoy Kumar Rajgarhia?(2) If the answer to question No. (1) be in...question which is to be considered by this court is as to whether in the facts and circumstances of the present case the gift of 35 shares by the assessee to his minor son was permissible in law. I may...
...lineal descendent from the great-great-grant-father of the person making the alienation. It means that in case the plaintiff wants to challenge the gift in question, he must be proved to be related to the...donor Hira in the 5th degree which is not so in this case. He is proved to be related to the donor in the 6th degree and this finding of the trial Court has not been assailed by the appellant in the...plaintiffs have not been proved to be related to the donor in the 5th degree of relationship in terms of Section 6 ibid.The case in hand is fully covered by the ratio laid down in...
...Court in Kripashanker v. Director of Consolidation (1979) 4 SCC 199 but that case related to a gift deed dated 19-12-1964 and this Court...referred to Section 163 of the Act which enabled the Gaon Sabha to eject the transferor from the excess land and held that the gift as such in that case was therefore not void. In that case, this Court...Section 60(1). We notice that there is some conflict between various High Courts in that behalf and we do not therefore propose to go into that question. We find that the case can be disposed of on...
...of the facts of that case. There is some force in this criticism. The Privy council decision related to an oral gift by a maternal grandfather to his grandsons who were minors, but whose parents lived...the minor with the express consent of the legal guardian or, at any rate, with a consent to be implied form the absence of any opposition. This case related to a gift by one Kallu in favour of his...-law and she claimed title to the suit shops under a gift deed, Ex. A-14, dated 27-5-1945 executed by Kadir Mohideen, and also on the basis of adverse possession. There can be no doubt in this case that...
...) L.R. 16 I.A. 205 : I.L.R. 11 All. 460 (P.C.). One of the points in controversy in that case related to the validity of a deed of gift and one of the grounds upon which the.... that the gift deed dated 1st February, 1947, marked as Exhibit B-1 in the case did not constitute an effective disposition of Muhammad Ismail's properties with the result that at his death the...apart, there was also the further fact that on the facts proved in the Bombay case those who impugned the gift had been able to establish that possession was not in fact transferred. In my judgment there...
...the present writ petition.4. The principal questions which require consideration in this case are:—(1) Whether creation of a waqf Alal Aulad is, in law, a gift...Mohammadan Law. In a gift the corpus of the property itself can be consumed whereas in a waqf only the usufruct of it can be spent. That case does not hold that a waqf is not a gift as known in general...a gift within the meaning of Section 9(2) of the U.P Tenancy Act. Sir rights can hence validly be transferred by such a gift as held in Allah Rabhul's case, on execution of...