1987 (1) TMI 2 - SC - Wealth-tax

Karta makes gift to his son by book entry - Tribunal held that there was a valid gift and the amount was liable to be excluded from the wealth of the Hindu undivided family - There is no evidence of acceptance of gift and it was never utilised for sons benefit - therefore gift is invalid - hence it is to be included in net wealth and interest credited is not deductible

Summary

Issues:
1. Validity of excluding a sum of Rs. 2 lakhs as a gift from the computation of the assessee's wealth under the Wealth-tax Act, 1957.
2. Deduction of interest paid in the assessment to income-tax in light of the High Court's decision on the validity of the gift.

Analysis:
1. The first issue in Civil Appeal No. 1164 of 1974 pertains to the assessment under the Wealth-tax Act, 1957, for the year 1964-65. The Wealth Tax Officer rejected the claim of the assessee for excluding Rs. 2 lakhs as a gift, leading to appeals and a reference to the High Court. The High Court analyzed the facts, noting discrepancies in the cash balance and the alleged gift amount. It was found that the gift amount was never utilized by the donee for personal purposes but was used for the family business. The High Court concluded that there was no valid gift made by the donor to the donee, as there was no evidence of acceptance and the only act alleged was the entry in the books. Consequently, the High Court held that the amount cannot be excluded from the computation of the Hindu undivided family's wealth. The Supreme Court upheld the High Court's decision, stating that if there was no valid gift, no other question arises, and dismissed the appeal.

2. The second issue in Civil Appeal No. 1165 of 1974 relates to the deduction of interest paid in the income-tax assessment following the High Court's ruling on the gift's validity. As the High Court determined that the gift amount always belonged to the Hindu undivided family and was not a valid gift, the interest paid to the alleged donee was not deductible. The Supreme Court, in line with the High Court's decision, dismissed this appeal as well, emphasizing that since the gift was not valid, there was no basis for the deduction of interest paid. Both appeals were ultimately dismissed with no order as to costs, maintaining the High Court's findings and conclusions regarding the disputed gift and its implications on the wealth and tax assessments.