COMMISSIONER OF GIFT TAX Vs. ZIAUDDIN K M

JUDGEMENT

(1.) THE assessee is an individual and was not ordinarily a resident during the previous year ended on March 31, 1975, relevant to the assessment year 1975-76. THE assessee made the following gifts to his daughters : <FRM>JUDGEMENT_645_ITR231_1998Html1.htm</FRM>

(2.) THE assessee preferred an appeal to the Commissioner of Gift-tax (Appeals) against the order of the Gift-tax Officer. THE Commissioner (Appeals) held that the purchase of drafts at Kuala Lumpur would amount to movable properties situated in a foreign country and the assessee was eligible for exemption under section 5(1)(ii) of the Act. In this view of the matter, he allowed the appeal preferred by the assessee.

(3.) NOTICE was served on the assessee, but there was no representation on behalf of the assessee.