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october 2000

Supreme Court of India · 2000-10-17

SRI JAGATRAM AHUJA vs THE COMMISSIONER OF GIFT TAX

Citation / case number
SC 1989/69328
Court
Supreme Court of India
Petitioner
SRI JAGATRAM AHUJA
Respondent
THE COMMISSIONER OF GIFT TAX
Author
S.P. BHURACHA,S.N. PHUKAN,,SHIVARAJ V. PATIL
Bench
S.P. BHURACHA,S.N. PHUKAN,,SHIVARAJ V. PATIL

Judgment text excerpt

The Supreme Court addressed the interpretation of the Gift-tax Act, 1958, specifically under Section 2(xii) regarding the definition of 'gift'. The Court held that the release of rights by a partner in a firm for a consideration exceeding the market value of the assets does not constitute a gift under the Act. The High Court's ruling against the assessee was upheld, affirming that the transaction was a legitimate sale rather than a gift.

SRI JAGATRAM AHUJA vs THE COMMISSIONER OF GIFT TAX · Niyam