1984 (2) TMI 56 - HC - Income Tax

Summary

Issues Involved:
1. Whether gift-tax is leviable on the assessee's share in the goodwill of the partnership firm.
2. Nature of a partner's interest in the partnership firm and its assets.
3. Applicability of precedents and legal principles to the case of transfer of goodwill.

Issue-wise Detailed Analysis:

1. Whether gift-tax is leviable on the assessee's share in the goodwill of the partnership firm:
The Tribunal referred the question of whether gift-tax is leviable on the assessee's share in the goodwill of the partnership firm. The assessee, a partner in the firm, made a gift of his 1/3rd share to his three sons. The Gift-tax Officer (GTO) included the value of the goodwill in the assessment, which was contested by the assessee. The Tribunal held that the assessee could not make a gift of the goodwill as he did not have a definite share in it. Consequently, the Tribunal directed that the value of the goodwill should be excluded from the assessment. The High Court, however, disagreed with the Tribunal's view, stating that the goodwill of a partnership is an asset and, upon transfer, the share or interest in the property of the firm, including the goodwill, becomes the share or interest of the transferee. Therefore, the value of the assessee's share in the goodwill should be included for gift-tax purposes.

2. Nature of a partner's interest in the partnership firm and its assets:
The High Court examined various precedents to determine the nature of a partner's interest in the partnership firm and its assets. The court cited the case of Addanki Narayanappa v. Bhaskara Krishnappa, where the Supreme Court observed that the property brought into the partnership becomes the property of the firm, and a partner is entitled to a share of the profits and, upon dissolution, a share in the money representing the value of the property. The court also referred to the case of CIT v. Bhupinder Singh Atwal, which noted that a partner has a share in the assets of the firm, including goodwill, but no indivisible right to any particular asset. The court concluded that the goodwill of a partnership business is a property of the firm in which a partner is entitled to a share.

3. Applicability of precedents and legal principles to the case of transfer of goodwill:
The High Court reviewed several cases to understand the applicability of legal principles to the transfer of goodwill. In CGT v. P. Gheevarghese, it was held that no gift-tax was payable on the goodwill of the assessee's business. However, in CGT v. Abdul Rahman Rowther, it was held that transferring a share in the partnership, including the goodwill, amounted to a gift chargeable to tax. The court also referred to the case of Khushal Khemgar Shah v. Khorshed Banu Dadiba Boatwalla, where it was held that the goodwill of a firm is an asset, and upon the transfer of a partner's share, the goodwill passes to the transferee. The High Court concluded that the principles laid down in these cases apply to the instant case, and the value of the assessee's share in the goodwill should be included for gift-tax purposes.

Conclusion:
The High Court answered the question referred to it in the negative and in favor of the Revenue, holding that the value of the assessee's share in the goodwill should be included for gift-tax purposes. There was no order as to costs.