https://www.taxtmi.com/caselaws?id=56641 Exemption under section 5(1)(viii) of the Gift-tax Act was not defeated merely because the return was filed in the status of a Hindu undivided family, since the status alone did not control entitlement if the statutory conditions were otherwise met. The decisive issue was the true character of the transfer: reading the gift deed as a whole, the property was coparcenary property and the donor acted as karta with family consent, so the transaction was not an individual gift by a husband to his spouse. The arrangement was treated as a colourable device to bypass gift-tax, and the claimed exemption was denied. en-us Fri, 18 Oct 1985 00:00:00 +0530 Mon, 06 Dec 2010 10:48:19 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=56641 Exemption under section 5(1)(viii) of the Gift-tax Act was not defeated merely because the return was filed in the status of a Hindu undivided family, since the status alone did not control entitlement if the statutory conditions were otherwise met. The decisive issue was the true character of the transfer: reading the gift deed as a whole, the property was coparcenary property and the donor acted as karta with family consent, so the transaction was not an individual gift by a husband to his spouse. The arrangement was treated as a colourable device to bypass gift-tax, and the claimed exemption was denied. Case-Laws Income Tax Fri, 18 Oct 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=56641