The Commissioner Oc Incometax vs S.Manju on 24 June, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITR.No. 101 of 1999()



1. THE COMMISSIONER OC INCOMETAX
                      ...  Petitioner

                        Vs

1. S.MANJU
                       ...       Respondent

                For Petitioner  :SRI.P.K.R.MENON,SR.COUNSEL,GOI(TAXES)

                For Respondent  :SRI.C.KOCHUNNY NAIR

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice V.K.MOHANAN

 Dated :24/06/2008

 O R D E R
                       C.N.RAMACHANDRAN NAIR &
                                  V.K.MOHANAN, JJ.
                  ....................................................................
                           I.T.R. Nos.101 to 103 of 1999
                  ....................................................................
                    Dated this the 24th day of June, 2008.

                                         JUDGMENT

Ramachandran Nair, J.

The question raised in these reference cases is whether the item of

property gifted by father of the respondent-assessee to her can be assessed

for wealth tax or not. The property happened to be assessed for wealth tax

in the hands of the respondent on account of the department’s stand that gift

has taken effect leading to transfer of property from the donor to the

respondent-donee. However, Tribunal allowed assessee’s appeal because

the gift tax assessment was cancelled by the Tribunal holding that property

remains with the father. Standing Counsel submitted that appeal is filed

against order of the Tribunal pertaining to gift tax assessment. Since the

question essentially has to be decided in appeal, if any, pending against gift

tax assessment cancelled by the Tribunal, we close these I.T.Rs. by

declining to answer the questions referred, but with a direction to the

Assessing Officer to revise the assessments in line with the gift tax

2

assessments after this court disposes of the gift tax appeals stated to be

pending.

C.N.RAMACHANDRAN NAIR
Judge

V.K.MOHANAN
Judge
pms