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TMI Blog1969 (3) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... ion. It turns on whether a provision in the partition deed dated February 8, 1959, for the payment of a sum of Rs. 50,000 to the wife of the karta of the joint family amounted to a gift dutiable under the Gift-tax Act, 1958. The Gift-tax Officer and the Appellate Assistant Commissioner were divided in their view; but the Tribunal concurred with the latter. At the instance of the Commissioner the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . On February 8, 1959, the family decided to have a partial partition at which the yarn and money-lending business valued at Rs. 5,78,818 was partitioned. The terms thereof reduced to writing said that a provision was made in the name of the karta's wife for payment of a sum of Rs. 50,000 to be expended by her at her discretion. There was also set apart a sum of Rs. 10,000 in favour of the karta's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be adding to the words. We are not prepared to uphold this view. Obviously, the family was engaged in partial partition of the assets of the family, at which the members who were entitled either to a share or to any other right in the form of maintenance participated. It is important to bear in mind that no stranger was she, so that a payment to her can easily be considered to be a gift. The karta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ht to maintenance or only a partial fulfilment of the obligation. That is another matter. The Tribunal rightly looked to the other terms in the partition, more especially to the one setting apart Rs. 10,000 for the daughter's marriage, in forming the opinion that the payment of Rs. 50,000 to the karta's wife was for consideration and it could not, therefore, amount to a gift. But it is argued, wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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