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april 2003

Supreme Court of India · 2003-04-25

Sree Narayana Chandrika Trust vs Commissioner Of Gift Tax Kerala

Court
Supreme Court of India
Petitioner
Sree Narayana Chandrika Trust
Respondent
Commissioner Of Gift Tax Kerala
Bench
Brijesh Kumar, B.N. Srikrishna

Judgment text excerpt

The case involves a dispute between a charitable trust and the Commissioner of Gift Tax regarding the redistribution of profit-sharing ratios within a partnership firm. The primary legal issue is whether a reduction in one partner's share of profits, coinciding with an increase in others' shares upon the induction of a new partner, constitutes a taxable gift under the Gift Tax Act. The court examines the nature of partnership reconstitutions and whether such reshuffling of shares amounts to a transfer of property.

Sree Narayana Chandrika Trust vs Commissioner Of Gift Tax Kerala · Niyam