TaxTMI 
TaxTMI 
1971 (5) TMI 16
X X X X Extracts X X X X
X X X X Extracts X X X X
.... section 26(1) of the Gift-tax Act, 1958, 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 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... assessee, the Appellate Assistant Commissioner 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
....x for the assessment year 1964-65 ? " The 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 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....Nazareth, but that question is really not relevant 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 ca....