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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
SC 1990/72433
Court
Supreme Court of India
Petitioner
THE COMMISSIONER OF GIFT TAX
Respondent
T.M. LOUIZ
Author
S.P.BHARUCHA,S.N.PHUKAN,Y.K.SABHARWAL
Bench
S.P.BHARUCHA,S.N.PHUKAN,Y.K.SABHARWAL

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the Tribunal's ruling that the retirement of a partner from a firm does not constitute a gift under the Gift Tax Act. The Court clarified that the relinquishment of rights upon retirement is merely an adjustment of interests among partners and does not involve a voluntary transfer of property as defined under the Gift Tax Act. Consequently, the appeal by the Revenue was dismissed, confirming that no gift tax was applicable in this scenario.

THE COMMISSIONER OF GIFT TAX vs T.M. LOUIZ · Niyam