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TMI Blog2002 (10) TMI 63X X X X Extracts X X X X X X X X Extracts X X X X ..... father towards his children? - (2) Whether, on the facts and in the circumstances of the case, the Tribunal is right in law in holding that the gift given by the assessee to his daughter at the time of marriage cannot be considered as transfer and hence it cannot be considered as gift exigible to gift-tax?" - - - - - Dated:- 21-10-2002 - Judge(s) : G. SIVARAJAN., K. BALAKRISHNAN NAIR. JUDGM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e it cannot be considered as gift exigible to gift-tax?" The matter arises under the Gift-tax Act, 1958, The assessment year concerned is 1987-88. The assessee gave a sum of Rs. 2 lakhs to his daughter at the time of her marriage on November 8, 1986. He did not file any return of gift tax for the assessment year 1987-88. The assessing authority issued a notice under section 16(1) of the Act on M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment took up the matter in appeal before the Tribunal. Relying on an earlier decision of the Tribunal in G.T.A. No. 23/Coch. of 1991 in the case of M.C. George, Kottarakkara, the Departmental appeal was dismissed. Learned standing counsel appearing for the Revenue submits that the abovementioned decision of the Tribunal in G.T.A. No. 23/Coch. of 1991 came up in reference before this court and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee is exigible to tax under the Gift-tax Act, still, since the appellant has got a case that the sum of Rs. 2 lakhs was paid by the assessee on behalf of the assessee, his wife and son, the said question has to be decided. We have perused the orders of the two appellate authorities. We find that the first appellate authority has clearly left open the said contention since the appeal was decided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es, we are of the view that the Tribunal must be directed to consider the said contention while passing final orders under section 260 of the Act. We order accordingly. If the Tribunal feels that the matter has to be considered by the first appellate authority or by the assessing authority in the first instance, certainly, it is open to the Tribunal to remit the said question to either of the said ..... X X X X Extracts X X X X X X X X Extracts X X X X
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