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    <title>2001 (11) TMI 226 - ITAT COCHIN</title>
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    <description>Delay in filing the appeal was condoned on sufficient cause, as the assessee&#039;s explanation and the time granted in related High Court proceedings justified the lateness. On merits, a transfer described as a partition deed was treated in substance as a gift because the transferor owned the properties and the essentials of gift under Mohammedan law-declaration, acceptance and delivery of possession-were satisfied. A restraint on alienation was held to be only a condition limiting the grant, not one that invalidated the gift. The valuation was also required to follow the Gift-tax Act&#039;s own mechanism, including reference to the Valuation Officer, and not Schedule III of the Wealth-tax Rules.</description>
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    <pubDate>Mon, 19 Nov 2001 00:00:00 +0530</pubDate>
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      <title>2001 (11) TMI 226 - ITAT COCHIN</title>
      <link>https://www.taxtmi.com/caselaws?id=62008</link>
      <description>Delay in filing the appeal was condoned on sufficient cause, as the assessee&#039;s explanation and the time granted in related High Court proceedings justified the lateness. On merits, a transfer described as a partition deed was treated in substance as a gift because the transferor owned the properties and the essentials of gift under Mohammedan law-declaration, acceptance and delivery of possession-were satisfied. A restraint on alienation was held to be only a condition limiting the grant, not one that invalidated the gift. The valuation was also required to follow the Gift-tax Act&#039;s own mechanism, including reference to the Valuation Officer, and not Schedule III of the Wealth-tax Rules.</description>
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