1979 (5) TMI 54

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..... e assessee during the asst. yr. 1976-77 (valuation date 31st March, 1976). For the above assessment year, the assessee, a non-resident, filed at nil return under the Gift-tax Act. It was claimed before the GTO that the assessee is not liable to pay any gift tax since the gift was made by him outside the taxable territories. The GTO noticed that the assessee had purchased two drafts for Rs. 7,500 e .....

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..... ch, on 24th April, 1975, in his own name and brought them to India. The assessee had collected the money from the bank in India and made the gift of Rs. 15,000 to his son A. Navasudeen. The second copy of the above drafts was also produced before us by the learned departmental representative. The assessee claims exemption in respect of the above gift under s. 5(1)(ii)(a) of the GTO, 1958. The abov .....

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..... ories. The learned counsel for the assessee strenuously urged that the intention of the assessee was to make the gift in Singapore and, therefore, the gift was exempt. Mere intention alone is not enough. The actual transfer of money amounting to gift should have taken place outside the taxable territories. On the facts of this case, it is established, as pointed out above, that the gift took place .....

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