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Issues: Whether the assessee was entitled to deduction of Rs. 10,000 under section 5(1)(vii) of the Gift-tax Act, 1958 in respect of the gift made at the betrothal ceremony.
Analysis: The Tribunal found that the gift was made prior to the marriage and that the recipient was not related to or dependent on the assessee for support and maintenance at the relevant time. On that finding, the statutory condition for the deduction was not satisfied.
Conclusion: The deduction under section 5(1)(vii) was not available and the question was answered against the assessee.
Ratio Decidendi: A deduction under section 5(1)(vii) of the Gift-tax Act, 1958 is unavailable unless the statutory conditions, including the requisite relationship or dependence, are satisfied at the time of the gift.
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