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january 2013

Supreme Court of India · 2013-01-22

SATYA NAND MUNJAL vs COMMR OF GIFT TAX

Citation / case number
SC 2009/13931
Court
Supreme Court of India
Petitioner
SATYA NAND MUNJAL
Respondent
COMMR OF GIFT TAX
Author
Madan B. Lokur
Bench
MADAN B. LOKUR D.K. JAIN

Judgment text excerpt

The Supreme Court addressed the validity of a revocable gift under the Gift Tax Act, specifically analyzing the implications of Section 2(xii) and Section 4 of the Gift Tax Act, 1958. The Court held that a revocable gift does not constitute a completed gift for tax purposes, thereby affirming the ITAT's decision to quash the gift tax assessment. The ruling clarified that the intention to revoke the gift within the stipulated period negates the gift's validity, leading to the conclusion that the assessment made by the Gift Tax Officer was erroneous.

SATYA NAND MUNJAL vs COMMR OF GIFT TAX · Niyam