1985 (9) TMI 65

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..... n these cases are common, we propose to dispose of them by a common order. In each of these references made under section 26(1) of the Gift-tax Act, 1958 ("the Act"), the Income-tax Appellate Tribunal, Bangalore Bench, Bangalore (" the Tribunal "), at the instance of the Revenue, has referred the following questions of law for the opinion of this court : " 1. Whether, on the facts and in the c .....

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..... em under the Act before the Gift-tax Officer, they claimed exemption from payment of gift-tax on the said sums under section 5(1)(viii) of the Act which was rejected by the Gift-tax Officer with which the first appellate authority also concurred. But, in second appeals filed by the assessees, the Tribunal accepted the same and has allowed the exemptions claimed under the Act. Hence, these referenc .....

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..... view that since the assessee as well as the two sons were the only three coparceners of the Hindu undivided family who withdrew identical amounts on the same date, viz., November 6, 1974, and gifted them to their respective wives, to the extent of Rs. 45,000 there was a partial partition effected in the Hindu undivided family and these coparceners became the individual owners of Rs. 15,000 each be .....

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