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of <h1>Transfer of Properties Without Consideration Deemed Gift Under Gift-tax Act</h1> The tribunal upheld the assessment of gift-tax on a private limited company for transferring properties to shareholders without consideration. The ... Carrying On Business, Deemed Gift, Family Arrangement Issues:Assessment of gift-tax on a company for transferring properties to shareholders without consideration; Whether the transaction qualifies as a family arrangement; Applicability of section 5(1)(xiv) of the Gift-tax Act for exemption; Distinction between company and shareholders in terms of consideration; Burden of proof for claiming exemption under section 5(1)(xiv); Elements required for a transaction to be considered a gift under the Gift-tax Act.Analysis:The case involves an appeal by a private limited company against the assessment of gift-tax for transferring properties to shareholders without consideration. The company was managed by two groups of shareholders, and a dispute led to one group transferring their shares to the other group. The Assessing Officer viewed this as a transfer of properties worth Rs. 35 lakhs without consideration. The company argued that the transfer was part of a family arrangement and not a gift, citing legal principles and previous court decisions supporting their position.The company contended that the transfer was made as part of a family arrangement and was not without consideration. They argued that the transfer was in the business interest and exempt under section 5(1)(xiv) of the Gift-tax Act. The company's representative highlighted the practical and business perspective of the transaction, emphasizing the protection of the company's rights and financial stability. They relied on legal precedents to support their arguments.The Departmental Representative countered the company's claims, stating that the transaction did not qualify as a family arrangement and lacked consideration. They argued that the transfer was a gift, meeting the criteria for gift-tax liability. The Departmental Representative emphasized the distinction between the company and its shareholders in terms of consideration and the burden of proof for claiming exemption under section 5(1)(xiv) of the Gift-tax Act.The tribunal analyzed the transaction in light of the legal principles governing family arrangements and gifts. They found that the transaction did not meet the requirements of a family arrangement as there was no evidence of an agreement among family members for the benefit of the family. The tribunal also noted the lack of consideration in the transaction, leading to the conclusion that it was exigible to gift-tax. The tribunal upheld the decision of the Commissioner of Gift-tax Appeals, dismissing the company's appeal.In conclusion, the tribunal determined that the transaction in question constituted a gift under the Gift-tax Act due to the voluntary transfer of properties without consideration. The tribunal's decision was based on the legal elements required for a transaction to be considered a gift, ultimately upholding the assessment of gift-tax on the company.
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