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2006 (2) TMI 116 - MADRAS HIGH COURTGift Tax Act, 1958 - "Whether was justified in holding and had valid materials to hold that the gift of jewellery on August 19, 1974, made by the late C.V.CT. Thevani Achi was made in contemplation of death and hence exempt under section 5(1)(xi) of the Gift-tax Act?" - Assessee had established the case. The medical certificate also proves the question beyond the realm of doubt and controversy. The findings recorded by the Tribunal are therefore based on the material and evidence on record and do not suffer from any legal infirmity. - In view of the foregoing conclusions, we hold that the gift was a gift in contemplation of the death and not taxable. Hence, we answer the questions in favour of the assessee, against the Revenue
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