9911796707
TMI Blog1996 (5) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... med gift in this case ? (2) Whether, under the facts and circumstances of the case, the Tribunal did not err in law as well as in facts in upholding the order of the Appellate Assistant Commissioner who annulled the gift-tax assessment made under section 15(3) read with section 16(1) of the Gift-tax Act ?" The facts for the purpose of answering these two questions may be narrated as follows : The assessee is the owner of a plot of land measuring 1 bigha, 3 kathas, 1/2 lecha. In the assessment order of gift-tax for the assessment year 1971-72, the Gift-tax Officer, B-Ward, Nagaon, mentioned that the assessee sold the back portion of the land located at Lowkhowa Road, Nagaon, measuring 1 bigha, 3 kathas, 1/2 lecha, at a consideration of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted the assessment of tax taking the value of the property as assessed by the Wealth-tax Officer. After considering the basic exemption under section 4, the balance amount of Rs. 80,310 was, considered as a taxable gift. The assessee brought the matter before the Appellate Assistant Commissioner. The Appellate Assistant Commissioner, by order dated March 20, 1986, held that there was no gift. Against that the Revenue approached the Tribunal. The Tribunal also by judgment and order dated July 31, 1989, upheld the decision of the Appellate Assistant Commissioner and rejected the appeal. Hence, the present reference at the instance of the Revenue. The Tribunal, while rejecting the case of the Revenue, held that the property in question was j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... final. For the purpose of section 4 that should be the price and if that was the price, Rs. 15,000 was not the price of the property and in that view of the matter the decision of the Appellate Assistant Commissioner and for that matter the decision of the Tribunal were wrong. Dr. Saraf, on the other hand, submits that merely because the Wealth-tax Officer assessed the valuation of the property that cannot be the ultimate finding so far as the gift-tax is concerned. The Gift-tax Officer has to determine the value of the property on his own as indicated under section 6. Dr. Saraf further submits that the Appellate Assistant Commissioner having held that the Assessing Officer could not substitute Rs. 1,00,313 when the documented price was Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abundantly clear that it is the duty of the Gift-tax Officer to make assessment on the materials available. No attempt whatsoever was made by the Assessing Officer or by the Appellate Assistant Commissioner and also by the Tribunal to determine the value on the basis of some materials. The Assessing Officer took the value as assessed by the Wealth-tax Officer and the Appellate Assistant Commissioner and the Tribunal took the value of the property as shown by the assessee. There was no independent finding as required under section 6. In view of the above, we are of the view that the Tribunal was not justified in upholding the order of the Appellate Assistant Commissioner who held that there was no deemed gift in this case and the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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