COMMISSIONER OF GIFT TAX Vs. TARACHAND MEGHRAJ
LAWS(CAL)-1976-6-26
HIGH COURT OF CALCUTTA
Decided on June 24,1976

COMMISSIONER OF GIFT-TAX Appellant
VERSUS
TARACHAND MEGHRAJ Respondents





Cited Judgements :-

COMMISSIONER OF INCOME TAX KANPUR VS. R S GUPTA [LAWS(SC)-1987-2-162] [CONSIDERED]
INDIAN GLASS AGENCY VS. COMMISSIONER OF INCOME TAX [LAWS(DLH)-1981-9-35] [REFERRED]
COMMISSIONER OF INCOME TAX VS. TARACHAND MEGHRAJ [LAWS(CAL)-1982-8-22] [REFERRED TO]


JUDGEMENT

Dipak Kumar Sen, J. - (1.)This is a reference under Section 26(1) of the Gift-tax Act, 1958. The assessment year involved is 1958-59. The applicant in this reference is Commissioner of Gift-tax, West Bengal III, Calcutta. The question referred is as follows :
"Whether, on the facts and in the circumstances of the case, there was a valid gift on March 28, 1957, of the two sums of Rs. 1,00,000 and Rs. 50, 000 in favour of Bai Kamala and Bai Indu ?"

(2.)The facts which are found or admitted as appearing in the statement of the case and the annexures thereto are briefly as follows : The assessee, M/s. Tara Chand Meghraj of Calcutta, is a Hindu undivided family governed by the Mitakshara. At the material time one Surajmall Baid was the karta of the said Hindu undivided family. On the 28th March, 1957, a document recording a family arrangement was executed by the members of the said Hindu undivided family, viz., the karta, Surajmall Baid, his wife, Hira Kumari Baid, and his unmarried daughters, Kamala Kumari and Indu Kumari, who were at the relevant time respectively aged 20 years and 18 years. The other children of Surajmall Baid, viz., one daughter and two sons, members of the Hindu undivided family, were at the relevant time minors.
(3.)The said document dated the 28th March, 1957, contained, inter alia, the following recitals :
(a) That negotiations for the marriage of Kamala Kumari and Indu Kumari were going on and were likely to materialise at any moment; (b) Kamala Kumari had a keen and special interest for learning and higher education in foreign countries; (c) Celebration of the marriages of the said daughters and performance of all rituals connected therewith were the legal, moral and social obligations of the family.

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