COMMISSIONER OF INCOME TAX Vs. DEVICHAND UTTAMCHAND

JUDGEMENT

(1.) THE respondent (assessee) has not been served in this reference. It appears that the notice of the reference was prepared and lodged with the sheriff for service, but there is nothing further to show whether the service has been effected on the respondent. Normally, we would not have proceeded to hear the reference on merits. However, we do so, as it is conceded by Mr. Joshi that the questions raised in this reference are covered against the Department by two decisions of Division Benches of this court.

(2.) THE reference is on a case stated by the Income -tax Appellate Tribunal under s. 256(1) of the I.T.Act, 1961. The questions referred to us for determination are as follows :

(3.) THE ITO held the gifts to be invalid. The AAC and the Income -tax Appellate Tribunal both, however, held the gifts to be valid. It is from the decision of the Tribunal holding these gifts to be valid that the aforesaid questioner have been referred to us.