Gift-tax on retired partners' relinquished share upheld, with taxability arising when the transfer took effect.

Retiring partners who relinquished their rights in an unrecorded sum, later brought into the firm's books, were treated as making a voluntary transfer without consideration, satisfying the statutory definitions of gift, donor and donee and attracting gift-tax. The Court also held that the charge arose in the year when the surrender operated in favour of the continuing and incoming partners, because the gift was not complete until the benefit accrued. The assessment in the later year was therefore upheld, and the gift-tax treatment of the surrendered share was sustained.

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Issues: (i) Whether the retiring partners' relinquishment of their rights in the unrecorded sum brought into the firm's books in the subsequent year constituted a gift chargeable to gift-tax; (ii) whether the gift-tax assessment was rightly made for the later assessment year.

Issue (i): Whether the retiring partners' relinquishment of their rights in the unrecorded sum brought into the firm's books in the subsequent year constituted a gift chargeable to gift-tax.

Analysis: The sum had been earned during the period when the assessees were partners, but it was not entered in the books until the following accounting year. The Court held that the assessees could not deny their right in the amount merely because the firm had not brought it into account earlier. On the facts, the surrender of their share in that sum in favour of the continuing and incoming partners was a voluntary relinquishment without consideration. The statutory definitions of gift, donor, and donee were satisfied, and the transaction fell within the deeming provision for gift-tax.

Conclusion: The relinquishment amounted to a taxable gift and the issue was decided against the assessee.

Issue (ii): Whether the gift-tax assessment was rightly made for the later assessment year.

Analysis: The Court held that a gift is not complete until the benefit is taken, and the relevant previous year was the year in which the surrendered rights operated in favour of the other partners. Since the amount came into the books in the later accounting year, assessment in that year was not erroneous. The contention that the assessment should have been made in the earlier year was rejected.

Conclusion: The assessment year adopted by the Revenue was correct and the issue was decided against the assessee.

Final Conclusion: The questions referred were answered in favour of the Revenue, and the gift-tax treatment of the surrendered share was upheld.

Ratio Decidendi: Where partners, after retirement, relinquish their rights in a sum earned during their partnership without consideration, the transaction constitutes a gift under the Gift-tax Act; the charge arises in the year in which the gift is completed and takes effect.

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