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.