COMMISSIONER OF INCOME TAX Vs. KUSUMGAR K H

JUDGEMENT

(1.) THE reference is made at the instance of the Revenue. It raises the following question :

(2.) THE assessment year with which we are concerned is the asst. yr. 1968-69. THE assessee, an individual, made a gift of immovable property to a public charitable trust called the Shri Jain Dharmik Shikshan Society, Bombay, on 1st April, 1966. He claimed that it could not be subjected to gift-tax. THE GTO rejected his claim. THE AAC, in appeal, confirmed the order of the GTO. THE Tribunal, in further, appeal, upset the order.