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1991 DIGILAW 212 (KAR)

Commissioner of Gift-tax v. Vilas G. Kurbetti

1991-03-18

K.SHIVASHANKAR BHAT, R.RAMAKRISHNA

body1991
JUDGMENT K. Shivashankar Bhat, J.—The question brought for our consideration under the provisions of the Gift-tax Act reads thus : "Whether, on the facts and in the circumstances of the case, the relinquishment of a share in the firm consequent on the reconstitution of the firm amounts to a gift or a deemed gift or a deemed gift and is taxable under the Gift-tax Act ?" 2. The question is covered by the decision of this court in D.C. Shah and Others Vs. Commissioner of Gift-tax, Karnataka, (1982) 134 ITR 492 KAR. Accordingly, it is held that it is not a gift and not taxable. The question is answered against the Revenue. Reference answered accordingly.