https://www.taxtmi.com/caselaws?id=39146 Where the record did not show that the karta acted in a representative capacity when making gifts to his wife, the gifts were treated as made by him as husband and not on behalf of the Hindu undivided family. On that footing, the exemption under section 5(1)(viii) of the Gift-tax Act could not be denied merely because the funds came from family assets. The operative test is the capacity disclosed by the transaction, and absent material showing a gift made for the family, the exemption remained available to the assessee. en-us Mon, 11 Oct 1976 00:00:00 +0530 Tue, 13 Apr 2010 12:17:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=39146 Where the record did not show that the karta acted in a representative capacity when making gifts to his wife, the gifts were treated as made by him as husband and not on behalf of the Hindu undivided family. On that footing, the exemption under section 5(1)(viii) of the Gift-tax Act could not be denied merely because the funds came from family assets. The operative test is the capacity disclosed by the transaction, and absent material showing a gift made for the family, the exemption remained available to the assessee. Case-Laws Income Tax Mon, 11 Oct 1976 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=39146