1985 (7) TMI 175 - AT - Income Tax

Tribunal rules no gift-tax liability for minors admitted to partnership without capital.

Fourth Gift Officer. Versus RV Shanmugham.

Fourth Gift Officer. Versus RV Shanmugham. - TTJ 024, 138, Issues:Appeal against the order of the AAC cancelling the assessment to gift-tax in the hands of the assessee for the assessment year 1973-74.Analysis:1. The Gift-Tax Assessment:The case involved a partnership firm where two adult partners admitted minors to the benefits of partnership without any capital contribution from the minors. The GTO held that the adult partners made a gift to the minors due to the profit-sharing arrangement. The AAC, however, accepted the assessee's claim that there was no liability to gift-tax as there was no transfer of property, citing a Supreme Court decision. The Department appealed against this decision.2. Department's Contention:The Departmental Representative argued that the AAC's decision was unjustified, relying on a Madras High Court decision. He contended that the right of a partner to share in profits constitutes property, and any reduction in this share without consideration amounts to a gift. He emphasized that even if future profits are uncertain, the transfer of such rights is still considered a gift.3. Assessee's Defense:The assessee's representative argued that the cases cited by the Department were distinguishable as they involved existing profit-sharing rights being reduced, unlike the present case where the partnership agreement was integrated from the beginning, with specified shares for each partner.4. Tribunal's Decision:The Tribunal held that the Department's objection had no merit. It noted that the partnership was formed with specified profit shares for each partner, including the minors, from the inception. Unlike cases where existing profit rights were reduced, the adult partners did not forego any existing rights in favor of the minors. The Tribunal emphasized that without a consistent history of profits, evaluating future profit rights as property was unreasonable.5. Evaluation of Gift:Even if the admission of minors constituted a gift, the Tribunal found it impossible to evaluate the gift's value due to the lack of historical profit data. It deemed relating future profits to the initial year's performance unrealistic. Therefore, the Tribunal concluded that the value of the right to future profits, if transferred, should be considered nil in this case. Consequently, the Tribunal rejected the Department's objection and upheld the AAC's order, dismissing the appeal.