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september 2000

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.

The Commissioner Of Gift Tax, ... vs T.M. Louiz · Niyam