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april 1987

Supreme Court of India · 1987-04-16

COMMISSIONER OF GIFT TAX GUJARAT vs CHHOTALAL MOHANLAL

Citation / case number
SC 1974/60406
Court
Supreme Court of India
Petitioner
COMMISSIONER OF GIFT TAX GUJARAT
Respondent
CHHOTALAL MOHANLAL
Author
MISRA RANGNATH
Bench
MISRA RANGNATH

Judgment text excerpt

The Supreme Court held that goodwill of a firm constitutes an asset under the Gift Tax Act, 1958, specifically Sections 2(xii) and 4. The Court established that the transfer of goodwill, along with the admission of minor partners to the benefits of the partnership, constitutes a taxable gift. The appeal by the Revenue was allowed, affirming the Gift Tax Officer's valuation and ruling that the transfer of partnership benefits amounted to a gift under the Act.

COMMISSIONER OF GIFT TAX GUJARAT vs CHHOTALAL MOHANLAL · Niyam