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    <title>1979 (5) TMI 43 - ITAT INDORE</title>
    <link>https://www.taxtmi.com/caselaws?id=66972</link>
    <description>The Tribunal dismissed the department&#039;s appeal, affirming that the transactions were partitions, not gifts, and therefore not subject to tax. The Tribunal emphasized that income-tax authorities cannot declare transactions void unless the concerned parties do so. The Tribunal upheld the AAC&#039;s decision that the gifted property was not taxable, as it was part of a partition and not a gift. The Tribunal also noted that the legal character of the transaction must be respected, and the department&#039;s argument that the lands were individual properties of the assessee was rejected.</description>
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    <pubDate>Mon, 07 May 1979 00:00:00 +0530</pubDate>
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      <title>1979 (5) TMI 43 - ITAT INDORE</title>
      <link>https://www.taxtmi.com/caselaws?id=66972</link>
      <description>The Tribunal dismissed the department&#039;s appeal, affirming that the transactions were partitions, not gifts, and therefore not subject to tax. The Tribunal emphasized that income-tax authorities cannot declare transactions void unless the concerned parties do so. The Tribunal upheld the AAC&#039;s decision that the gifted property was not taxable, as it was part of a partition and not a gift. The Tribunal also noted that the legal character of the transaction must be respected, and the department&#039;s argument that the lands were individual properties of the assessee was rejected.</description>
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      <pubDate>Mon, 07 May 1979 00:00:00 +0530</pubDate>
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