High Court Punjab-Haryana High Court

Commissioner Of Gift-Tax … vs Sh. Brij Mohan Lal Munjal on 17 December, 2008

Punjab-Haryana High Court
Commissioner Of Gift-Tax … vs Sh. Brij Mohan Lal Munjal on 17 December, 2008
       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                            CHANDIGARH.

                                                     G.T.A. No.4 of 2001
                                            Date of decision: 17.12.2008

Commissioner of Gift-tax (Central), Ludhiana.
                                                            -----Appellant
                                    Vs.
Sh. Brij Mohan Lal Munjal.
                                                         -----Respondent


CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
            HON'BLE MR JUSTICE L.N. MITTAL

Present:-   Mr. Krishan Mehta, Sr. Standing Counsel
            for the appellant.

            Mr. Akshay Bhan, Advocate
            for the respondent.
                  -----

ORDER:

This appeal has been preferred by the revenue under the

Gift-tax Act, 1958 (for short, “the Act”) read with Section 27A of the

Wealth Tax Act, 1957 against the order of Income Tax Appellate

Tribunal, Chandigarh Bench, Chandigarh passed in GTA

No.8/Chandi/99 on 22.3.2000 for the assessment year 1989-90,

proposing to raise following questions of law:-

“1. Whether, in the Facts and Circumstances of the Case,
the ITAT was right in law in holding that no Interest
u/s 16B was chargeable in this Case?

2. Whether, in the Facts and Circumstances of the Case,
the ITAT was right in law holding that the provisions of
Section 16B(3) were applicable to this Case?”

G.T.A. No.4 of 2001

2

We have dispose of connected G.T.A. No.2 of 2001

(Commissioner of Gift-tax (Central), Ludhiana v. Sh. Om Parkash

Munjal) today. Therein, it has been held that value of bonus shares

was liable to be taxed to gift tax even after gift of equity shares is

revoked. In the present case, the only question is whether the provision

of interest will be attracted. The Tribunal set aside the levy of interest

on the ground that tax itself was not levied. The said finding has since

been reversed by us in the order passed in the abovesaid connected

matter, as a consequence, the finding of the Tribunal and levy of

interest are also set aside.

The appeal is accordingly allowed. The order of the

Tribunal is set aside and that of the Assessing Officer is restored.



                                            ( ADARSH KUMAR GOEL )
                                                   JUDGE


December 17, 2008                                 ( L. N. MITTAL )
ashwani                                               JUDGE