THULASIMANI AMMAL Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE writ petition is filed challenging the order of the cit, Coimbatore rejecting the revision petition filed by the petitioner under s. 24 of the GT act, 1958.

(2.) THE facts leading to the filling of the writ petition are that the petitioner on 8th June, 1970 had made a settlement of some of her lands in favour of her daughter and as per the guideline value maintained by the Registration Department of the State of Tamil Nadu, the value of the land was taken to be Rs. 1, 20, 180 for the purpose of registration of the deed. THE petitioner filed a return of gift for the asst. yr. 1970-71 on the ground that the settlement deed was executed on 12th February, 1970 and the donee was also put in possession of the land thereafter and the donee was rightly in the possession of the land since the date of execution of the deed of settlement. THE case of the petitioner was that since the gift was made during the financial year 1969-70, the relevant assessment for levy of tax would be 1970-71 and there was no obligation on her part to file the return of gift for the asst. yr. 1971-72. THE GTO has not accepted the submission of the petitioner and held that the registration of the dead of settlement settling the immovable property took place on 8th June, 1970, and the gift was properly chargeable under the GT Act for the asst. yr. 1971-72. In this view, he determined the value of the property gifted at Rs. 1, 30, 000 and made an assessment of the gift made for the asst. yr. 1971-72.

(3.) HOWEVER, I am unable to agree with the reasonings of the Rajasthan High Court, as this Court in K. Madhavakrishnan vs. CGT (supra)has held that the mere delivery of immovable property would not satisfy the requirements of s. 123 of the Transfer of Property Act, and there would be no gift under the GT Act by the mere delivery of immovable property. This Court has held as under, "sec. 123 of the Transfer of Property Act provides that for the purpose of making a gift of immovable property the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two withnesses. The GT Act does not enact any exception to the general law as found in s. 123 of the Transfer of Property Act. Therefore, in order to effectuate a valid gift, the requirements of s. 123 of the Transfer of Property Act should have been complied with. Sec. 123 of the Transfer of property Act requires a registered instrument. "