9911796707
TMI Blog1983 (9) TMI 164X X X X Extracts X X X X X X X X Extracts X X X X ..... the occasion of marriage 58,691 ---------------- 1,07,900 ---------------- It is not clear whether it was ancestral jewellery that was presented or jewellery purchased for the occasion and given. However, the case seems to fall under the latter category because the assessee claimed it as expenditure. The GTO of course excluded the expenditure of Rs. 49,209 from gift-tax. But he overruled the contention of the assessee that presentation of jewellery is only an expenditure connected with marriage and that the entire amount of Rs. 1,07,900 was spent for the purpose of celebrating the marriage of his daughter in order to discharge his legal and moral obligation. It was argued before the AAC that the daughter was to be married off in a f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le portion of income or corpus of the joint family property utilised for meeting her marriage expenses. In this sense, a settlement in her favour of joint family property as a marriage provision can hardly be regarded as a gift since such a provision is compulsive under the Hindu law and by no means voluntary in the proper sense of the term. Again, since the karta, when he settles the property on the unmarried daughter, by the same token, discharges the obligation of the joint family estate to meet the expenses of marriage, the transaction cannot be regarded as one without consideration in money or money's worth. Looked at from any angle, settlements of this kind cannot be brought within the mischief of the Gift-tax Act. " 4. Whether the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure is also supported by consideration because the assessee is legally bound to expend. The quantum involved in this case is quite reasonable. The assessee is an income-tax assessee. The recipient is the only daughter. It may be noted that even the GTO and the AAC has agreed to the proposition that the assessee has a legal and normal obligation to see that his daughter is married to a suitable bridegroom in a proper manner. Their only doubt was whether this will amount to marriage expenditure. We will, for these reasons, dispel their doubt and hold that it is only a marriage expenditure. The provision in section 5(1)(vii) exempting gifts to relatives is entirely different. That provision relates to a relative to whom there is no such obliga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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