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july 1991

Supreme Court of India · 1991-07-10

COMMISSIONER OF GIFT TAX, ERNAKULAM vs ABDUL KARIM MOHD. (DEAD) BY LRS.

Citation / case number
SC 1979/62810
Court
Supreme Court of India
Petitioner
COMMISSIONER OF GIFT TAX, ERNAKULAM
Respondent
ABDUL KARIM MOHD. (DEAD) BY LRS.
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court held that a gift made in contemplation of death does not require explicit conditions in the deed for it to be valid under Section 5(1)(xi) of the Gift Tax Act, 1958. The Court affirmed that the circumstances surrounding the gift, including the donor's serious illness and subsequent death, were sufficient to establish the gift's validity. The appeal by the Department was dismissed, confirming that the exemption under the Gift Tax Act applies as per Section 191 of the Indian Succession Act, 1925.

COMMISSIONER OF GIFT TAX, ERNAKULAM vs ABDUL KARIM MOHD. (DEAD) BY LRS. · Niyam