TMI Blog1994 (8) TMI 57X X X X Extracts X X X X X X X X Extracts X X X X ..... al Rs. 20,000 (e) Sh. Rajinder Kumar Aggarwal Rs. 20,000 (f) Miss Aarti Aggarwal Rs. 20,000 --------------------- Rs. 1,20,000 --------------------- The assessee's husband, who was operating the bank accounts of the intended donees, deposited these amounts in their Saving Bank Accounts. The funds, however, continued to remain with the firms where they were deposited prior to the intended gifts. Subsequently due to family circumstances, the intended donees refused to accept these gifts and returned the amounts by cheques to the donor - Mrs. Champa Rani Aggarwal, the assessee in the present appeal. It was under these circumstances that the original return filed by the assessee declaring taxable gift at Rs. 1 lac on 11-6-1991 was r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onees have returned the gifted amount by way of cheques dated 28-9-1991 and consequently, here also, the assessee has filed revised return of gift declaring value of taxable gift at Rs. Nil. Here also the GTO held that the original return was the correct return and the subsequent return declaring Nil taxable gift was with a view to avoid payment of gift-tax. He accordingly taxed the assessee at a figure of taxable gift of Rs. 1.20 lacs. 4. Both the assessees filed appeals and the Ld. Dy. CGT (Appeals), vide his order dated 12-3-1992, directed the GTO to accept the revised returns declaring taxable gift at Rs. Nil in the case of both the assessees holding that the donees, in both the cases, have not accepted the amount gifted to them. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dy. CGT (Appeals) is required to be reversed in this regard. Reliance was placed on the decision of Hon'ble Andhra Pradesh High Court in the case of Vadulla Venkata Rao v. CGT [1972] 85 ITR 249 for the proposition that the acceptance of gift by the donee does not appear to be a specific requisite condition for a gift under the Gift-tax Act. 6. Sh. B.R. Abrol, Advocate, learned representative of the assessee(s) supported the order of the Dy. CGT (Appeals). 7. We have considered the rival submissions. Section 2(xii) defines the gift as under:--- - the transfer by one person to another - of any existing movable or immovable property - made voluntarily and - without consideration in - money or - money's worth Section 122 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vacuum but generally build or construct a special scheme on the basis of an existing legal system departing therefrom or modifying its operation to the extent necessary from the point of view of the objection of specialisation. The proper and more accurate approach would be to see whether and to what extent the application of the principles of the general law is modified or departed from by the special statute. There is prima facie no difference between the concept of a gift under the general law and under the Gift-tax Act except to the extent that the Gift-tax Act deems certain transactions to be gifts. Though under the general law and the special law, gift is a transfer of property by one living person to any other without consideratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of operating the bank accounts of the intended donees. The donors, in both these appeals are residing at Amritsar whereas the donees are residing at Delhi and were not aware of the gifts having been made to them. According to Sh. Abrol, learned counsel for the assessees, the donees came to know of these gifts only when sons of the donors (in the present appeals) met the intended donees at Delhi and accused them for taking undue advantage in the form of gifts from their parents and it was only after that that the donees wrote letters to both the assessees in September 1991 and returned the amounts by cheques. After receipt of these letters, the assessees filed revised returns declaring Nil gift as the original gifts were not valid gifts h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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