Supreme Court · 1971 INSC 248 · Decided 16 September 1971
Commissioner of Gift Tax, Madras v. N. S. Getty Chettiar
- Court
- Supreme Court of India
- Citation
- 1971 INSC 248 · [1972] 1 S.C.R. 736
- Case number
- CIVIL APPEAL No. 128/1968
- Decided
- 16 September 1971
- Bench
- K.S. HEGDE, A.N. GROVER (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
A Gift Tax Act, 1958-Section 2(xii) and 2(xxiv)-Coparcener taking B lesser share and allotting greater share to other members-If makes "gift"-Partition, if "transfer of property". In a partition of the properties of a joint Hindu Undivided Family a coparcener took as his share On the question whether the coparoener could be held to have made a "gift" of a portion of his share of the property to the other members and w"' liable to tax C under the Gift Tax Act, 1958. HELD : (i) A coparcener in a Hindu Undivided Family has no defi­ nite share in
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