1978 (10) TMI 30

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....s court. The facts, briefly stated, are that the assessee made a gift on 1st of February, 1965, in favour of his son of half portion of a house. The purpose of the gift, as mentioned in the gift deed, is for providing education to the donee. The portion of the house gifted was valued in the gift deed at Rs. 35,000. Before the GTO, the assessee claimed exemption under s. 5(1)(xii) of the Act. He c....

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.... ground that the question whether the assessment order passed by the GTO was an agreed order of assessment was a question of fact. We have seen the order of assessment passed by the GTO. The order does not expressly state that the assessee withdrew his claim for exemption under s. 5(1)(xii). All that is stated in express terms therein is that the assessee agreed to the valuation of the gift at Rs....