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1978 (6) TMI 48

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..... owing question for a decision of this court : " Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee is entitled to the exemption under section 5(1)(iv) of the Wealth-tax Act, 1957, in respect of the residential property at 6-A, Rutland Gate, Madras, which was gifted by him to his wife and whose value was included in the net wealt .....

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..... w of the Appellate Assistant Commissioner. That is how the identical question has been referred for a decision of this court in relation to each of the years. The Appellate Assistant Commissioner in his order expressed his view on a reading of both section 4(1)(a) and section 5(1)(iv) of the Act as follows : " When an asset transferred by the appellant to his spouse is considered as belonging .....

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..... y an assessee in respect of the following assets, and such assets shall not be included in the net wealth of the assessee--... (iv) one house or part of a house belonging to the assessee exclusively used by him for residential purposes : Provided that where the value of such house or part, situate in a place with a population exceeding ten thousand, exceeds one lakh of rupees, the amount that .....

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