Supreme Court of India · 2000-09-20
The Commissioner Of Gift Tax, ... vs T.M. Louiz
- Citation / case number
- AIR 2000 SUPREME COURT 3136
- Court
- Supreme Court of India
- Petitioner
- The Commissioner Of Gift Tax, ...
- Respondent
- T.M. Louiz
- Bench
- S.P.Bharucha, S.N.Phukan
Judgment text excerpt
The Supreme Court upheld the High Court's decision that the retirement of a partner from a firm does not constitute a gift under the Gift Tax Act, specifically referencing the definitions of 'gift' and 'transfer of property' in the Act. The Court found that the retiring partner merely relinquished his rights and interests in the partnership assets, which did not involve a voluntary transfer of property as defined under Section 2(xii) of the Gift Tax Act. Consequently, the appeal by the Revenue was dismissed, affirming that no gift tax was applicable in this scenario.