1995 (12) TMI 3

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..... has been referred by the Tribunal for answer of this court, which reads as under : " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the assessee was not liable to pay gift-tax ? " The brief facts giving rise to this reference are thus : The assessee, a minor, was admitted to the benefits of partnership of the firm under the .....

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..... Appellate Assistant Commissioner of Gift-tax in setting aside the order of the Gift-tax Officer, relying on the decisions of the Bombay High Court in the case of CGT v. J. N. Marshall [1979] 120 ITR 613 and that of the Karnataka High Court in D. C. Shah v. CGT [1982] 134 ITR 492. The Tribunal accepted the view taken by the aforesaid two High Courts and upheld the order of the Appellate Assistant .....

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