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TMI Blog1985 (6) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... ividual and the appeal relates to the assessment year 1981-82. The assessee's daughter was married on 25-12-1980 and on the next day, i.e., 26-12-1980, the assessee gifted ornaments weighing 88 grams of the total value of Rs. 14,872 to her. It was claimed before the GTO that this gift was exempt to the extent of Rs. 10,000 under section 5(1)(vii) of the Gift-tax Act, 1958 ('the Act') and since the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... given on the day following the date of marriage because this is supposed to be the most auspicious occasion for gifts to the bride. Proceeding further, he submitted that till the bride leaves her parents' home and goes to the house of her husband or father-in-law, she is dependent on her parents for maintenance and support and, therefore, to say that the next day after the marriage even though she ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ied on the order of the AAC in support of the department's case. 5. We have carefully considered the rival submissions. At the outset it will be necessary to point out that there is a distinction between gift of immovable property, which cannot be made except by a duly executed and registered conveyance deed and the gift of movable property, which can be made by mere delivery. The words 'on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Considering all these and, looking to the totality of the facts and circumstances, we have no hesitation in coming to the conclusion that on the gift made by the assessee of gold ornaments to his daughter on the day following the marriage of the value of Rs. 14,872, the exemption of Rs. 10,000 as laid down under section 5(1)(vii) was available. Since after this exemption the value of the gift is l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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