1983 (2) TMI 128 - AT - Income Tax

Tribunal rules transfer of jewellery for daughter's marriage not taxable gift

The tribunal ruled in favor of the assessee, determining that the transfer of jewellery to her daughter at the time of her marriage was not a taxable gift ... Gift To HUF Issues:Assessment to gift-tax on the transfer of jewellery by the assessee to her daughter at the time of her marriage.Analysis:The assessee, a member of an HUF, transferred jewellery to her daughter at the time of her marriage. The HUF, consisting of the karta, his wife, two sons, and two daughters, had substantial properties. The assessee had gold jewellery received as stridhan and diamonds purchased by her. The family arranged for additional jewellery for the marriage, with the karta purchasing jewellery valued at Rs. 87,000. The wealth-tax assessment indicated a reduction in the assessee's wealth due to the transfer. The Gift-tax Act proceedings were initiated, and the GTO brought the jewellery's value to tax. The AAC differentiated between the transfer by the karta and the assessee, holding the former as a discharge of obligation under Hindu law and the latter as a taxable gift since the jewellery belonged to her as individual property.In the appeal, the assessee argued that the transaction was a family arrangement, not a gift, as she would be reimbursed by the HUF. The revenue contended there was no evidence of such an arrangement, justifying the taxation of the transfer as a gift. The tribunal found in favor of the assessee, noting the jewellery belonged to her individually and was part of a family arrangement. The tribunal recognized the common practice of using family jewellery for marriages and the right to reimbursement from the joint family. Citing legal precedent, the tribunal concluded that the transfer was not without consideration and did not constitute a gift. Therefore, the gift-tax assessment was annulled, and the appeal was allowed.