2001 (11) TMI 226 - AT - Income Tax

Appeal dismissed due to delay; gift valid under Mohammedan Law; Transfer of Property Act upheld

The Tribunal dismissed the appeal, condoning the delay in filing due to the mother's illness. The gift was deemed valid under Mohammedan Law, meeting all ... Valuation Of Gift, Immovable Property Issues Involved:1. Delay in filing the appeal.2. Validity of the gift under Mohammedan Law.3. Applicability of the Transfer of Property Act, 1882.4. Valuation of the gifted property.5. Conditions attached to the gift and their implications.Issue-wise Detailed Analysis:1. Delay in Filing the Appeal:The appeal was delayed by 30 days due to the illness of the assessee's mother, who was admitted to intensive care. The High Court of Kerala had granted six weeks for the assessee to file an appeal before the ITAT. Considering these circumstances, the delay was condoned.2. Validity of the Gift Under Mohammedan Law:The assessee argued that the properties were already given to 'Malik Dinar Educational Trust' and thus, there was no property left to be gifted. The Assessing Officer determined the taxable gift at Rs. 74,80,750, which was contested by the assessee on the grounds that the settlement deed did not constitute a valid gift under Mohammedan Law. The key points of contention included the lack of a declaration of gift, the absence of complete relinquishment by the donor, and the clause prohibiting alienation without consent.3. Applicability of the Transfer of Property Act, 1882:The assessee contended that the Transfer of Property Act, 1882 did not apply to Muslims, who are governed by Mohammedan Law in matters of gift. The CIT (Appeals) overruled this objection, stating that the document, though called 'Dhanabishchayadharam,' was made out of natural love and affection and was not otherwise. The properties were delivered with full freedom to enable the donees to enjoy them, except for alienation.4. Valuation of the Gifted Property:The assessee argued that the Valuation Officer should have adopted the rent capitalization method for fixing the value under Schedule III of the Wealth-tax Rules, 1957. However, the learned departmental representative and the Tribunal found no merit in this argument, stating that the Gift-tax Act provides specific provisions for the valuation of gifted property, which were followed correctly in this case.5. Conditions Attached to the Gift and Their Implications:The deed included a condition that the properties could not be sold without the donor's consent during their lifetime. The Tribunal referred to section 164 of Mohammedan Law, which states that a gift with a condition derogating from the completeness of the grant is void, and the gift takes effect as if no conditions were attached. The Tribunal concluded that the condition restricting alienation was void, but the gift itself remained valid.Conclusion:The Tribunal dismissed the appeal, holding that:- The delay in filing the appeal was condoned due to reasonable circumstances.- The gift was valid under Mohammedan Law as all necessary conditions were satisfied.- The Transfer of Property Act, 1882 did not invalidate the gift.- The valuation method adopted by the Revenue authorities was appropriate.- The condition attached to the gift did not invalidate it.Final Judgment:The appeal was dismissed, affirming the Assessing Officer's determination of the taxable gift and the validity of the gift under the applicable laws.