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1976 (9) TMI 81

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..... Dharmaraj, the kartha of the family, transferred a sum of Rs. 30,000 by means of journal entries at the rate of Rs. 10,000 each to his three minor daughters, viz. D. Sankaraswari aged about 18 years, D. Bavani aged about 16 years and D. Sasikala aged about 13 years. The above transfer was said to have been done for the education, maintenance and marriage expenses of the said three minor unmarried .....

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..... ered as a mere gift. He further submitted that in any event the transfers were specifically for the education and marriage expenses of the daughters who were dependant upon Shri A.S. Dharmaraj for support and maintenance and therefore such transfers fell within the meaning of ss.5(1)(vii) and 5(1)(xii) of the Gift-tax Act,1958 and that the authorities below should have exempted such gift the levy .....

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..... nance and marriage expenses except at the time of partition. We, therefore, do not agree with the contention of the assessee s learned counsel that there was no gift involved in the transfers in question. We, are, however, of the opinion that the alternative claim of the assessee that the transfers in question fell under ss.5(1)(vii) and 5(1)(xii) of the Gift-tax Act has merit and should be consid .....

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