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    <title>1995 (9) TMI 21 - GUJARAT High Court</title>
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    <description>The expression &quot;person&quot; in section 5(1)(ix) of the Gift-tax Act was construed to include a female donor, so the exemption was available where a gift of a life insurance policy was made to a dependent minor son. The proviso referring to &quot;his wife&quot; was treated as limiting the donee category, not as restricting the donor to a male person. A gender-neutral reading was supported by section 3(42) of the General Clauses Act unless the context required otherwise, and the contrary construction was rejected because it would create an unjustified sex-based classification and constitutional difficulty under Article 15. The assessee therefore qualified for the exemption.</description>
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      <title>1995 (9) TMI 21 - GUJARAT High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=18439</link>
      <description>The expression &quot;person&quot; in section 5(1)(ix) of the Gift-tax Act was construed to include a female donor, so the exemption was available where a gift of a life insurance policy was made to a dependent minor son. The proviso referring to &quot;his wife&quot; was treated as limiting the donee category, not as restricting the donor to a male person. A gender-neutral reading was supported by section 3(42) of the General Clauses Act unless the context required otherwise, and the contrary construction was rejected because it would create an unjustified sex-based classification and constitutional difficulty under Article 15. The assessee therefore qualified for the exemption.</description>
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      <pubDate>Fri, 29 Sep 1995 00:00:00 +0530</pubDate>
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