GIFT-TAX OFFICER v. B.V. RATNAKUMAR
[Citation -1986-LL-0814-10]
Citation | 1986-LL-0814-10 |
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Appellant Name | GIFT-TAX OFFICER |
Respondent Name | B.V. RATNAKUMAR |
Court | ITAT |
Relevant Act | Income-tax |
Date of Order | 14/08/1986 |
Judgment | View Judgment |
Keyword Tags | adoptions and maintenance • unmarried daughter • gift-tax |
Bot Summary: | The assessee made a gift of Rs. 50,000 to his minor daughter Kumari B. Nandana for her education and maintenance. The GTO held that the daughter was born in 1980 and there was no hurry to make any gift. The learned departmental representative firstly urged that there was no need to make a gift of Rs. 50,000 to his minor daughter and so the sum of Rs. 50,000 is taxable under the Gift-tax Act, 1958. The assessee has gifted Rs. 50,000 to his minor daughter Kumari B. Nandana for her education and maintenance. Under section 20 the assessee is under an obligation to maintain his daughter. In CGT v. Bandlamudi Subbaiah 1980 123 ITR 509, the Andhra Pradesh High Court held that the provision made for the unmarried daughters towards their maintenance and marriage is not a gift within the meaning of section 2(xii) of the Act nor could it be deemed to be a gift under any of the clauses of section 4 of the Act. In our view the gift of Rs. 50,000 made by the assessee to his minor daughter is exempt under section 5(1). Thus we uphold the order of the AAC. 6. |