Niyam v2 is live — start for just ₹100 — 200 credits to try

november 2000

Supreme Court of India · 2000-11-16

Commissioner Of Gift-Tax vs B.S. Apparao

Citation / case number
[2001]248ITR103(SC)
Court
Supreme Court of India
Petitioner
Commissioner Of Gift-Tax
Respondent
B.S. Apparao
Bench
S.P. Bharucha, D.P. Mohapatra, S.N. Phukan

Judgment text excerpt

The Supreme Court upheld the decision of the High Court affirming that the transfer of land by the assessee to his three minor daughters did not constitute a taxable gift under the Gift-tax Act, 1958. The Court interpreted Section 5(1)(vii) of the Gift-tax Act, clarifying that the transfer was made to fulfill the legal obligation of maintenance under Section 20 of the Hindu Adoptions and Maintenance Act, 1956. Consequently, the appeal by the Revenue was dismissed, affirming the Tribunal's and High Court's ruling.

Commissioner Of Gift-Tax vs B.S. Apparao · Niyam