1980 (6) TMI 75

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....assessment was disputed by the GTO when he filed this appeal before us. 2. Briefly t o state the facts, it was a case of Gift by HUF where its Karta Shri Gelraj made a gift of Rs. 10,000 to the son of his real brother which was considered by the GTO to be a gift to the stranger and the amount of Rs. 10,000 was considered to be unreasonably a big amount. He considered the said gift to be invalid....

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....erusing the facts on record, we are unable to reverse the finding of the AAC. In the case of Shri Braham Dutt Bhargava (1), their Lordships of Rajasthan High Court at Jodhpur in 46 ITR 387 held "A gift by the manager of a joint Hindu family of the family property, at any rate to a member or members thereof, is only voidable and not void ab initio and such a gift can be attacked only by the members....

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...., their Lordships also observed on page 399 of the report that "It seems to us that it is hardly for the Department to question the validity of a transaction like this, which, after all is said and done, may be, and indeed appears to be, a transaction which is entirely for the benefit of the other members of the family". 7. In the instant case, it is very strange to find that the ITO on one han....