https://www.taxtmi.com/caselaws?id=26613 Section 5(1)(viii) of the Gift-tax Act was held not to cover a gift made by a karta of a Hindu undivided family out of family funds to his wife. The Karnataka HC applied strict construction of exemption provisions in a taxing statute and held that the spouse exemption is confined to gifts between living spouses in their individual capacity. Because a karta acts in a representative capacity when dealing with HUF property, the gift was not treated as one made by an individual spouse within the exemption clause. The Tribunal's view allowing exemption was set aside and the question was answered in favour of the Revenue. en-us Fri, 16 Aug 1985 00:00:00 +0530 Sat, 06 Feb 2010 13:12:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=26613 Section 5(1)(viii) of the Gift-tax Act was held not to cover a gift made by a karta of a Hindu undivided family out of family funds to his wife. The Karnataka HC applied strict construction of exemption provisions in a taxing statute and held that the spouse exemption is confined to gifts between living spouses in their individual capacity. Because a karta acts in a representative capacity when dealing with HUF property, the gift was not treated as one made by an individual spouse within the exemption clause. The Tribunal's view allowing exemption was set aside and the question was answered in favour of the Revenue. Case-Laws Income Tax Fri, 16 Aug 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=26613