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    <title>1962 (3) TMI 126 - CALCUTTA HIGH COURT</title>
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    <description>Sections 6 and 29 of the Gift-tax Act, 1958 were held unconstitutional to the extent they enabled valuation and recovery of gift tax against a donee without notice, hearing, or an effective appellate remedy. The Court held that gift valuation had to rest on objective standards, but the statutory scheme excluded the donee from the assessment process and left the quantification of tax and the first charge under section 30 effectively uncontestable. Recovery from the donee on the basis of an assessment made behind his back, and on a guesswork-based valuation, was therefore arbitrary. The assessment order against the donee was quashed.</description>
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    <pubDate>Mon, 26 Mar 1962 00:00:00 +0530</pubDate>
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      <title>1962 (3) TMI 126 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=289595</link>
      <description>Sections 6 and 29 of the Gift-tax Act, 1958 were held unconstitutional to the extent they enabled valuation and recovery of gift tax against a donee without notice, hearing, or an effective appellate remedy. The Court held that gift valuation had to rest on objective standards, but the statutory scheme excluded the donee from the assessment process and left the quantification of tax and the first charge under section 30 effectively uncontestable. Recovery from the donee on the basis of an assessment made behind his back, and on a guesswork-based valuation, was therefore arbitrary. The assessment order against the donee was quashed.</description>
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      <pubDate>Mon, 26 Mar 1962 00:00:00 +0530</pubDate>
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