1983 (3) TMI 9 - HC - Income Tax

Summary

Issues Involved:
1. Whether the assessee was liable to gift-tax.
2. Whether the gift, if any, was made during the assessment year.
3. Whether the estimated value of the gift as worked out by the GTO was correct.

Summary:

Issue 1: Liability to Gift-Tax
The primary issue was whether the assessee was liable to gift-tax for relinquishing 8% of his profit-sharing ratio in favor of four minors admitted to the benefits of the partnership. The Tribunal held that this relinquishment amounted to a gift, referencing the definitions of "gift" u/s 2(xii) and "transfer of property" u/s 2(xxiv). The Tribunal also cited s. 30 of the Partnership Act, which grants minors a right to share in the property and profits of the firm. The High Court upheld the Tribunal's decision, stating that the assessee alone suffered a detriment by parting with 8% of his profit-sharing ratio, which constituted a gift.

Issue 2: Timing of the Gift
The court did not entertain the contention regarding the timing of the gift, as the question referred was not comprehensive enough to include this issue. The court focused solely on whether the assessee was liable to gift-tax, not on the assessment year in which the gift was made.

Issue 3: Valuation of the Gift
Similarly, the court did not address the correctness of the estimated value of the gift as worked out by the GTO. The question referred did not encompass the quantum of the gift or the extent of the assessee's gift-tax liability.

Conclusion:
The High Court affirmed the Tribunal's decision that the assessee was liable to gift-tax for relinquishing 8% of his profit-sharing ratio in favor of the minors. The court rejected the assessee's contention that the right to future profits could not be considered a gift, citing previous judgments that established the right to share future profits as property. The question was answered in the affirmative and against the assessee, with costs awarded to the Revenue.