1985 (9) TMI 65

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....ivered by K. S. PUTTASWAMY J.-As the questions that arise for determination in these cases are common, we propose to dispose of them by a common order. In each of these references made under section 26(1) of the Gift-tax Act, 1958 ("the Act"), the Income-tax Appellate Tribunal, Bangalore Bench, Bangalore (" the Tribunal "), at the instance of the Revenue, has referred the following questions....

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....ch of them gifted the said sums to their respective wives. In the returns filed by them under the Act before the Gift-tax Officer, they claimed exemption from payment of gift-tax on the said sums under section 5(1)(viii) of the Act which was rejected by the Gift-tax Officer with which the first appellate authority also concurred. But, in second appeals filed by the assessees, the Tribunal accepted....

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....on July 10, 1979, the Tribunal had found thus: " It may perhaps be possible to take a view that since the assessee as well as the two sons were the only three coparceners of the Hindu undivided family who withdrew identical amounts on the same date, viz., November 6, 1974, and gifted them to their respective wives, to the extent of Rs. 45,000 there was a partial partition effected in the Hindu ....