https://www.taxtmi.com/caselaws?id=155032 For fringe benefit tax purposes, an item described as a gift is taxable as a gift only if it is voluntarily given without consideration. Where promotional items are provided to timeshare members only on payment of membership fees, and their value is recovered on cancellation, the presence of quid pro quo means they are not pure gifts. Such items are classified by their real commercial character as sales promotion expenses, not as gifts under clause (O) of section 115WB(2). The analysis also refers to section 2(xii) of the Gift-tax Act, 1958, to support the ordinary meaning of gift. en-us Fri, 30 Mar 2012 00:00:00 +0530 Sat, 31 Aug 2013 11:57:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=155032 For fringe benefit tax purposes, an item described as a gift is taxable as a gift only if it is voluntarily given without consideration. Where promotional items are provided to timeshare members only on payment of membership fees, and their value is recovered on cancellation, the presence of quid pro quo means they are not pure gifts. Such items are classified by their real commercial character as sales promotion expenses, not as gifts under clause (O) of section 115WB(2). The analysis also refers to section 2(xii) of the Gift-tax Act, 1958, to support the ordinary meaning of gift. Case-Laws Income Tax Fri, 30 Mar 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=155032