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TMI Blog1979 (6) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... led to exemption under s. 5(1) (viii) of the GT Act in respect of the value of gift of Rs. 13,660 made to the wife of the Karta. 2. The claim for exemption in respect of the above gift was disallowed by the GTO on the ground that the provisions of s. 5 (1)(viii) would not apply to a HUF. 3. On appeal the AAC accepted the assessee's claim that the HUF consisted of only the Karta and his wife, tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Veera Bhadrayya vs. CGT (59 ITR 176) 5. The learned Departmental Representative referred us to the assessee's letter to the GTO dt. 4th July, 1976. He pointed out that the assessee was previously a partner in the firm M/s. Peerless Theatres, May,uram, that out of the capital account that stood in this firm on 1st April, 1975, one half was gifted to the son S. Ravichandran and the other half to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Departmental Representative is that is has not been shown by the assessee that any individual portion of the property belonging to the Karta out of the family assets was gifted to the wife and therefore the exemption claimed is not admissible. We are unable to agree. It is well settled that a sole coparcener holding coparcenery property is entitled to dispose of it as if it was his separate p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... na High Court in the case of CGT. vs. Hari Chand reported in 95 ITR 308 and in the case of Addl. CGT vs. Kanshi Ram Doongarshi Dass reported in 106 ITR 681 held that a gift made by a person, who is the manager of joint Hindu Family, to his wife of a portion of the property belonging to the family falls under s. 5(1)(viii) and is exempt from gift tax. The Andhra Pradesh High Court in the case of Ja ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was made by the Karta who is also the husband of the donee of half the amount of capital standing in the capital account in the firm M/s Peerless Theatres, May,uram. The gift was made by the Karta as a husband to his wife, though the gift made was out of the joint family property. No other decision in support of the stand of the Revenue was brought to our notice. Respectfully following the rulin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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