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TMI Blog1971 (5) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... ment of the court was delivered by GOVINDA BHAT J.- This is a reference under section 26(1) of the Gift-tax Act, 1958, hereinafter called " the Act ". The assessee was a member of a Hindu undivided family. He had acquired by his personal exertions a good deal of property both movable and immovable. By a deed dated November 16, 1963, the assessee declared two of his self-acquired properties to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner of Gift-tax v. C. Satyanarayanamurthy. On appeal preferred by the assessee, the Appellate Assistant Commissioner held that no tax was leviable under the Act, following the decision of this court in D. H. Nazareth v. Gift-tax Officer, wherein this court has held that the Gift-tax Act is unconstitutional so far as it purports to impose tax on gifts of immovable properties. Against the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the gift of the immovable and movable properties was not liable to gift-tax for the assessment year 1964-65 ? " The above question required to be recast having regard to the facts of the case which we have set out above. The main contention of the assessee before the Gift-tax Officer which was also accepted by the Tribunal was that the act of throwing the separate property by a member of a Hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case has been reversed by the Supreme Court in Second Gift-tax Officer v. Nazareth, but that question is really not relevant in view of the decision of the Supreme Court which has affirmed the view taken by this court in Nerlekar's case . In Goli Eswariah v. Commissioner of Gift-tax, the Supreme Court has reversed the decision of the Andhra Pradesh High Court relied on by the Gif t-tax Officer. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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