9911796707
TMI Blog1997 (1) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... the following common question of law, for the assessment years 1975-76 and 1976-77, under section 26 of the Gift-tax Act, 1958, for the opinion of this court : "Whether, on the facts and in the circumstances of the case, the purchase of a draft in the name of another person in America amounts to a gift made abroad or whether the encashment of the draft in India amounts to a gift in India for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8-59 (Madras 77-78), dated April 26, 1978, and allowed the claim. In so doing, he was of the view that whether the gift by the assessee was to the wife or indirectly to the children makes no difference to the real issue whether the gift was made by the assessee abroad and thus exempted from the Gift-tax Act. In the appeals, it was stated that on the basis that the gifts were made to the wife only, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the donee, since remittance in India could be done only through authorised dealers, viz., the banks. The Tribunal further pointed out that even if it is possible for the Revenue to argue that a gift of movable property is complete only by delivery and, in the present case, since the cash was received by the donee in India the gift must have taken place in India only, the Tribunal did not want to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erican bank by paying U. S. dollars. The drafts were sent to his wife in India for the purpose of making payments to his sons. The wife encashed the drafts and paid the amounts to her sons. There was no request either by the wife or by the sons to make a gift. No letter was sent by them to the assessee who is in the U. S. A. In such a case it cannot be said that the post office through which the d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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