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Issues: Validity of gift deed for equity shares, taxability of dividend income on bonus shares received by the donee, reference to High Court for opinion on the validity of the gift.
Validity of Gift Deed for Equity Shares: The case involved an individual who gifted 6,000 equity shares to a donee through a gift deed. Subsequently, 4,000 bonus shares were received by the donee, along with a dividend income of Rs. 25,000 on these bonus shares. Initially, the Gift-tax Officer held the gift void, but the Tribunal later reversed this decision, declaring the gift as valid. This led to a dispute in the assessment proceedings under the Income-tax Act, where the Assessing Officer contended that since the gift was void, the dividend income should be taxed in the hands of the donor. The Commissioner of Income-tax (Appeals) upheld this decision, but the Tribunal, referring to its earlier ruling on the validity of the gift, allowed the appeal and deleted the addition of Rs. 25,000 in the donor's income. Taxability of Dividend Income on Bonus Shares: The crucial issue was whether the dividend income of Rs. 25,000 on the bonus shares received by the donee should be taxed in the donor's hands due to the initial voidance of the gift deed. The Tribunal's decision to delete this addition was based on its earlier ruling affirming the validity of the gift deed. The Revenue challenged this decision by filing a petition under section 256(2) of the Income-tax Act, seeking a direction for the Tribunal to refer the question of law to the High Court for its opinion. The High Court, after hearing arguments from both parties, directed the Tribunal to refer the question of law regarding the taxability of the dividend income to the Court for its opinion. Reference to High Court for Opinion on Validity of Gift: The High Court addressed the contention raised by the senior advocate for the assessee that the question of the validity of the gift deed, which had already been challenged by the Department and referred by the Tribunal, should not be subject to further referral. The Court disagreed with this argument, citing previous cases and distinguishing them based on the facts of the present case. Consequently, the High Court allowed the petition and directed the Tribunal to refer the question of law on the taxability of the dividend income to the Court for its opinion, along with the statement of the case.
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