9911796707
TMI Blog1983 (8) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... w compass. One Smt. Purni Devi Jalan died on 24th Sept., 1979 at Jorhat. The deceased made a gift of cash and landed property by means of registered deed on which stamp duty of Rs. 3,270 had to be paid in respect of the landed property. The gift-tax payable was Rs. 10,750 out of which the amount of Rs. 3,270 paid as stamp duty was deducted under s. 18A of the GT Act, with the result that the total ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deduction under s. 18A of the GT Act, and that on the same principle, deduction of stamp duty should also be allowed under s. 50A of the ED Act. In support of this contention the ld. representative for the assessee sought to derive strength from the case of CED vs. K. Lingamurti Anr., referred to in the order of the lower appellate authority. 6. The ld. Departmental Representative, on the oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amp duty has been paid under any law relating to stamp duty in force in any State on an instrument of gift of property in respect of which the gift tax payable exceeds one thousand rupees, the assessee shall be entitled to a deduction from the gift tax payable by him of an amount equal to the stamp duty so paid or one-half of the sum by which the gift tax payable, before making the deduction under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t to which s. 18A of the GT Act is applicable, from the gift tax payable a deduction has to be made of the amount equal to the amount of the stamp duty paid on the instrument of gift. In the instant case, under s. 18A, the gift tax paid was only Rs. 7,480. This amount was arrived at after deduction of the sum of Rs. 3,270 being the stamp duty paid, from the sum of Rs. 10,750 being the gift-tax pay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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