https://www.taxtmi.com/caselaws?id=276232 Parliament had legislative competence to levy gift-tax on transfers of agricultural lands under the Gift-tax Act, 1958, because the Act is in substance a tax on gifts and not on land. Taxing power must be found expressly, and no entry in List II covers a tax on gifts or transfer of property. Entry 97 of List I, read with Article 248, supports Parliament's residuary power to impose taxes not assigned to the State or Concurrent Lists. Entry 18 of List II on land and agricultural land does not imply a taxing power, and Entry 47 on succession to agricultural lands does not extend to inter vivos gifts. The Act was therefore valid despite its incidental effect on agricultural lands. en-us Tue, 08 Jan 1963 00:00:00 +0530 Fri, 02 Nov 2018 15:03:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=276232 Parliament had legislative competence to levy gift-tax on transfers of agricultural lands under the Gift-tax Act, 1958, because the Act is in substance a tax on gifts and not on land. Taxing power must be found expressly, and no entry in List II covers a tax on gifts or transfer of property. Entry 97 of List I, read with Article 248, supports Parliament's residuary power to impose taxes not assigned to the State or Concurrent Lists. Entry 18 of List II on land and agricultural land does not imply a taxing power, and Entry 47 on succession to agricultural lands does not extend to inter vivos gifts. The Act was therefore valid despite its incidental effect on agricultural lands. Case-Laws Income Tax Tue, 08 Jan 1963 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=276232