TaxTMI 
TaxTMI 
1992 (8) TMI 96
X X X X Extracts X X X X
X X X X Extracts X X X X
....Appeals) has confirmed the levy of gift-tax in respect of certain transfer of jewellery by the assessee to his daughter-in-law on the occasion of his son's marriage. 2. The GTO's order shows that the assessee has relied upon the decision of the Andhra Pradesh High Court in the case of CGT v. Ch. Chandrasekhara Reddy [1976] 105 ITR 849. That was a case of gift of land by the father to his daught....
X X X X Extracts X X X X
X X X X Extracts X X X X
....GTO means that since the son had independent taxable income it was not the obligation of the assessee father to make a gift to the daughter-in-law. The second reason why the GTO has rejected the assessee's claim is that the decision is not accepted by the Department and a Special Leave Petition has been granted against the said decision of the Andhra Pradesh High Court. Before the Commissioner the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ecision of the Madras High Court on which reliance was placed by the assessee was a case of gift on the occasion of marriage of the relative who was dependent upon the assessee which was not the case here. 3. Before the Tribunal, the assessee's advocate contended that the assessee who was the father-in-law of the donee was not under a social obligation to make the gift. He submitted that this w....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r-in-law and so even the exemption under section 5(1)(vii) was not available to the assessee. 4. In the present case, it is not in dispute that the social custom of giving gift to the daughter-in-law by the father-in-law exists in the community to which the assessee belongs or that any part thereof was excessive, looking to the status of the assessee. When that is so it should follow that there....