https://www.taxtmi.com/caselaws?id=69251 Gift-tax exemption under section 5(1)(ii)(a) applies only where the gifted movable property is situated outside the taxable territories and the gift is in substance made outside India. On these facts, a non-resident bought bank drafts in his own name abroad, brought them into India, encashed them there, and then made the gift; the decisive transfer was therefore in India. Mere intention to gift abroad could not change the situs of the transaction. The earlier authority cited by the assessee was distinguished because the drafts there had been drawn in the donee's name abroad. The gift was not exempt. en-us Thu, 31 May 1979 00:00:00 +0530 Wed, 06 Apr 2011 10:04:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=69251 Gift-tax exemption under section 5(1)(ii)(a) applies only where the gifted movable property is situated outside the taxable territories and the gift is in substance made outside India. On these facts, a non-resident bought bank drafts in his own name abroad, brought them into India, encashed them there, and then made the gift; the decisive transfer was therefore in India. Mere intention to gift abroad could not change the situs of the transaction. The earlier authority cited by the assessee was distinguished because the drafts there had been drawn in the donee's name abroad. The gift was not exempt. Case-Laws Income Tax Thu, 31 May 1979 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=69251