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    <title>2007 (8) TMI 378 - ITAT COCHIN</title>
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    <description>A settlement deed conveying 33 cents of land was treated as the operative transfer, because the later rectification deed, executed after gift-tax proceedings had begun, was not accepted as reflecting the original transaction. The transfer to the assessee&#039;s wife was held not to be a deemed gift, since the deed reserved the assessee&#039;s life interest and residence rights for himself and the children, and the transferee&#039;s contribution to construction was recognised on record. On that basis, the transfer was not without adequate consideration, so the deeming fiction under the Gift-tax Act, 1958 did not apply and the gift-tax addition could not survive.</description>
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    <pubDate>Wed, 08 Aug 2007 00:00:00 +0530</pubDate>
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      <title>2007 (8) TMI 378 - ITAT COCHIN</title>
      <link>https://www.taxtmi.com/caselaws?id=62332</link>
      <description>A settlement deed conveying 33 cents of land was treated as the operative transfer, because the later rectification deed, executed after gift-tax proceedings had begun, was not accepted as reflecting the original transaction. The transfer to the assessee&#039;s wife was held not to be a deemed gift, since the deed reserved the assessee&#039;s life interest and residence rights for himself and the children, and the transferee&#039;s contribution to construction was recognised on record. On that basis, the transfer was not without adequate consideration, so the deeming fiction under the Gift-tax Act, 1958 did not apply and the gift-tax addition could not survive.</description>
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      <pubDate>Wed, 08 Aug 2007 00:00:00 +0530</pubDate>
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