1971 (11) TMI 6 - HC - Income Tax

High Court of Rajasthan: Shares as Gifts Completed on Delivery Date

The High Court of Rajasthan determined that gifts of shares were completed on the date of delivery of share certificates to the donees, establishing them ... Whether the gifts were completed within the meaning of the term in the Gift-tax Act on the date of the delivery of share certificates along with transfer deeds to the donees or on the dates of registration of shares in the names of the donees in the register of the company – held that Gifts of shares are complete on the date of delivery Issues:1. Determination of completion of gifts for taxation under the Gift-tax Act.2. Interpretation of completion of gifts based on delivery of share certificates and registration in the company's books.3. Application of legal principles regarding equitable ownership and trust in the context of share transfers.4. Examination of completion of gifts concerning joint ownership of shares.5. Analysis of completion of gifts based on transfer deeds and registration requirements under the Companies Act.Analysis:The High Court of Rajasthan addressed the issue of determining the completion of gifts for taxation under the Gift-tax Act. The case involved the execution of unregistered gift deeds by the assessee on November 26, 1956, transferring shares to various donees. The critical question was whether the gifts were completed on the date of delivery of share certificates to the donees or upon registration of shares in the company's books. The Tribunal had held that the gifts were completed on the execution date, making the donees equitable owners of the shares.The court relied on legal precedents to support the view that completion of gifts occurred when the donees became equitable owners of the shares. Citing cases like Maneckji v. Wadilal & Co. and E. D. Sassoon & Co. Ltd. v. K. A. Patch, the court emphasized that the transfer of shares establishes a trust relationship between the transferor and transferee, with the transferee becoming the beneficial owner upon transfer. This principle was further affirmed in R. Mathalone v. Bombay Life Assurance Co. Ltd., emphasizing the obligations of the transferor as a trustee of the shares until registration.In analyzing joint ownership of shares, the court determined that the gift of jointly owned shares was completed on the execution date, even though the transfer deed was signed later by the co-owner. The court highlighted that the assessee, as the sole owner of the shares, could gift them without reference to the co-owner, and the completion of the gift was based on the delivery of share certificates to the donee.Regarding the application of the Companies Act, the court clarified that the transfer of beneficial interest in shares could occur independently of registration requirements. The court emphasized that compliance with registration provisions did not affect the completion of gifts for taxation purposes under the Gift-tax Act. The court's decision affirmed that the gifts were completed on the date of delivery of share certificates to the donees, aligning with the Tribunal's findings.In conclusion, the High Court upheld the Tribunal's decision, ruling that the gifts were completed on November 26, 1956, and were not taxable under the Gift-tax Act, which came into force later. The court also awarded costs to the assessee, emphasizing the completion of gifts based on the delivery of share certificates to the donees.