https://www.taxtmi.com/caselaws?id=9368 A gift of movable property made by a non-resident ordinarily resident in Dubai to a resident donee in Kashmir fell within the exemption under section 5(1)(ii) of the Gift-tax Act because the statutory conditions were satisfied. The transaction was not a colourable device merely because it was structured to obtain a lawful tax advantage. The analysis applies the principle that legitimate tax planning within the framework of the statute does not become tax evasion unless the arrangement lacks legal substance or falls outside the exemption. The Revenue's broader reliance on McDowell was rejected in light of the later exposition in Azadi Bachao Andolan. en-us Tue, 02 Aug 2005 00:00:00 +0530 Mon, 22 Jun 2009 13:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=9368 A gift of movable property made by a non-resident ordinarily resident in Dubai to a resident donee in Kashmir fell within the exemption under section 5(1)(ii) of the Gift-tax Act because the statutory conditions were satisfied. The transaction was not a colourable device merely because it was structured to obtain a lawful tax advantage. The analysis applies the principle that legitimate tax planning within the framework of the statute does not become tax evasion unless the arrangement lacks legal substance or falls outside the exemption. The Revenue's broader reliance on McDowell was rejected in light of the later exposition in Azadi Bachao Andolan. Case-Laws Income Tax Tue, 02 Aug 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=9368