1979 (5) TMI 20

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....igarh Bench, has referred the following question of law under s. 26(1) of the G.T. Act, 1958 (hereinafter referred to as "the Act"), for the decision of this court : " Whether, on the facts of this case, the Tribunal was right in law in holding that the gift in favour of the wife of the 'karta ' of the assessee-Hindu undivided family attracted the provisions of section 5(1)(viii) of the Gift-ta....

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....his order dated 16th March, 1972, confirmed the order of the GTO. He found that the gift in question had been made by Shri Harbhajan Singh in his capacity as " karta " of the family and not in his capacity as an " individual ". On second appeal, the Tribunal accepted the assessee-family's contention that the gift in question was to the extent of Rs. 50,000 exempt as aforesaid. In coming to the ....

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....the authorities relied upon by it are clearly distinguishable. In Jana Veera Bhadrayya's case [1966] 59 ITR 176 (AP), the Andhra Pradesh High Court expressly stated : " The controversy relates to the capacity, in which he made the gift. It cannot be postulated that he made the gift as the manager of the family, since the words of the document make it abundantly clear that it is in his capacity ....