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TMI Blog1965 (4) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... has stated the case and referred the following question of law for our decision : " Whether, on the facts and in the circumstances of the case, the assessee was entitled to the exemption in respect of G. K. Hospital and the adjoining land of 1.38 cents under section 5(1)(xiv) of the Gift-tax Act ? " The facts and circumstances of the case on which the above question of law falls to be answered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer to have been made bona fide for the purpose of such business, profession or vocation........... " Neither the gift deed nor a copy thereof has been annexed to or forwarded along with the statement of the case to this court. The attempt of the counsel for the revenue to tender a copy of the gift deed before us has been objected to by the counsel for the assessee. We have declined to look int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in State of Travancore-Cochin v. Shanmuga Vilas Cashewnut Factory. We are not satisfied that the principle of the said decision rendered in a totally different context and under totally different circumstances can be applied here. We hold that the first of the ingredients has been satisfied. Was the gift made for the purpose of the business ? is the next question. We feel it difficult to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Income-tax v. Chandulal Keshavlal Co. In the result, we answer the question referred in favour of the assessee and against the department. A copy of this judgment under the seal of this court and the signature of the Registrar will be forwarded to the Appellate Tribunal as required by section 26(6) of the Gift-tax Act. We make no order as to costs of this reference. - - TaxTMI - TMITa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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