TaxTMI 
TaxTMI 
TaxTMI 
1971 (5) TMI 16
X X X X Extracts X X X X
X X X X Extracts X X X X
....58, hereinafter called " the Act ". The assessee was a member of a Hindu undivided family. He had acquired by his personal exertions a good deal of property both movable and immovable. By a deed dated November 16, 1963, the assessee declared two of his self-acquired properties to be the properties of the Hindu undivided family consisting of himself, his three sons and his wife and by the same deed....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ssioner held that no tax was leviable under the Act, following the decision of this court in D. H. Nazareth v. Gift-tax Officer, wherein this court has held that the Gift-tax Act is unconstitutional so far as it purports to impose tax on gifts of immovable properties. Against the said order of the Appellate Assistant Commissioner, the department preferred an appeal to the Income-tax Appellate Trib....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... above question required to be recast having regard to the facts of the case which we have set out above. The main contention of the assessee before the Gift-tax Officer which was also accepted by the Tribunal was that the act of throwing the separate property by a member of a Hindu undivided family into the common hotchpot does not amount to a transfer and therefore it cannot amount to a gift so ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nt in view of the decision of the Supreme Court which has affirmed the view taken by this court in Nerlekar's case . In Goli Eswariah v. Commissioner of Gift-tax, the Supreme Court has reversed the decision of the Andhra Pradesh High Court relied on by the Gif t-tax Officer. The Supreme Court has affirmed the view taken by this court in Nerlekar's case. In view of the decision of the Supreme Cour....