9911796707
TMI Blog1980 (9) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... ing out of the order of the GTO in an assessment for asst. yr. 1971-72 under s. 15(3) of the GT Act. The appeal is delayed by a day. Since it is a postal delay, the delay is condoned and the appeal is admitted. 2. The appellant made three gifts during the year, the particulars of which are as under: S. No. Document No. and Date Value Rs.. Name of the doness 1. 1904/70, dt. 11-5-1970 21,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd that there were three considerations for the gifts, viz., love and affection, education and others. It was on this basis that 1/3rd alone was considered eligible for exemption. He therefore, confirmed the assessment and the appellant is in second appeal. 3. The ld. Representative for the appellant claimed that love and affection was only a motive for the gift and it cannot be considered to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ren, to the extent to which the gifts are proved to the satisfaction of the GTO as being reasonable having regard to the circumstances of the case". He claimed that it was not solely for education of the children as seen from the wording of the documents and that, at any rate, a reasonable amount has already been allowed by the GTO. 4. We have carefully considered the records as well as the docum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t will be reasonable to accept that the ratio should be 50:50. 5. In respect of the daughter, the document reads that the gift is given because of affection, for education and others and for marriage and for facilities thereafter. In this case, education assumes even a minor position than that of the gift to the son. We, therefore, find ourselves unable to say that 1/3 considered as reasonable fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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