The Commissioner Of Gift Tax vs Shri.E.K.Chandrasenan on 29 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

GTA.No. 13 of 2009()


1. THE COMMISSIONER OF GIFT TAX,
                      ...  Petitioner

                        Vs



1. SHRI.E.K.CHANDRASENAN,
                       ...       Respondent

                For Petitioner  :SRI.JOSE JOSEPH, SC, FOR INCOME TAX

                For Respondent  : No Appearance

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

 Dated :29/09/2009

 O R D E R
                    C.N.RAMACHANDRAN NAIR &
                               V.K.MOHANAN, JJ.
               ....................................................................
                          G.T. Appeal No.13 of 2009
               ....................................................................
             Dated this the 29th day of September, 2009.

                                      JUDGMENT

Ramachandran Nair, J.

Respondent-assessee is no more. Even though Standing Counsel

appearing for the appellant submitted that Assessing Officer wants to

implead the legal heirs and pursue the appeal, we proceed to hear the

appeal so that impleadment is required only if appeal is going to be

entertained by this court.

2. On hearing the Standing Counsel and after going through the

Tribunal’s order we notice that the properties purchased by the assessee

in the name of his wife and children during his lifetime, the value of

which is assessed for gift tax was treated as assessee’s own wealth and

wealth tax was paid. The Settlement Commission allowed assessee’s

claim and settled liabilities under the Wealth Tax Act and Income Tax

Act. This clearly shows that the donees have not accepted the gift and

the properties have in fact not been taken over by them. In the

2

circumstances, we find no merit in the appeal filed by the Revenue.

Consequently the Gift Tax Appeal is dismissed.

C.N.RAMACHANDRAN NAIR
Judge

V.K.MOHANAN
Judge
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