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TMI Blog1983 (2) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... her daughter at the time of her marriage. 2. The assessee is an individual but a member of the HUF of which her husband M.R. Doraiswamy is the karta. The HUF consisted of the karta, his wife, two sons and two daughters and has substantial properties. The assessee had 250 sovereigns of gold jewellery received as stridhan and 31 cts. of diamonds purchased by her. When the first daughter of the fam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... F to perform the marriage of the daughter and the value of the jewellery would have to be adjusted against her claims over the joint family property in case of partition. The GTO did not agree with this claim and he brought to tax the value of the jewellery transferred by the assessee as well as the value of the jewellery transferred by the HUF represented by the karta. On appeal, in the case of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le gift was made. On the other hand, it was contended on behalf of the revenue that there is no evidence of any such family arrangement and, therefore, the transfer of individual property without consideration was rightly taxed under the Act. 4. On consideration of the rival submissions, we are of the opinion that the assessee is entitled to succeed. It is not in dispute that the jewellery in qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... marriage the jewellery in the possession of the female members of the family may be utilised to perform the marriage immediately without further purchase of jewellery and the lady who parts with that jewellery reserves her right to get reimbursement from the joint family. In fact, Courts have recognised that such reimbursement cannot be refused by the HUF---CGT v. Basant Kumar Aditya Vikram Birla ..... X X X X Extracts X X X X X X X X Extracts X X X X
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