9911796707
TMI Blog1980 (6) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... efly t o state the facts, it was a case of Gift by HUF where its Karta Shri Gelraj made a gift of Rs. 10,000 to the son of his real brother which was considered by the GTO to be a gift to the stranger and the amount of Rs. 10,000 was considered to be unreasonably a big amount. He considered the said gift to be invalid but still subjected the same to GT with a prefix to the assessment order on "pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case of Shri Braham Dutt Bhargava (1), their Lordships of Rajasthan High Court at Jodhpur in 46 ITR 387 held "A gift by the manager of a joint Hindu family of the family property, at any rate to a member or members thereof, is only voidable and not void ab initio and such a gift can be attacked only by the members of the family whose interests are affected thereby and not by stranger". 5. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is hardly for the Department to question the validity of a transaction like this, which, after all is said and done, may be, and indeed appears to be, a transaction which is entirely for the benefit of the other members of the family". 7. In the instant case, it is very strange to find that the ITO on one hand subjected the gift, to GT under the GT Act and on the other hand calls it invalid and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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