High Court Of Kerala
Commissioner Of Gift Tax vs. H.H. Sri Rama Varma Maharaja Of Travancore
Section GT 2(xii), 2(47), 26(3)
V. Bhaskaran Nambiar & K.P. Radhakrishna Menon, JJ.
O.P. No. 466 of 1985
2nd March, 1988
Counsel Appeared
P.K.R. Menon & N.R.K. Nair, for the Revenue : N. Sreenivasan & P. Krishnamoorthy, for the Assessee
K.P. RADHAKRISHNA MENON, J.:
In view of the decision in I.T.Rs. Nos. 132 and 133 of 1981 [CIT vs. H. H. Gouri Parvathi Bhai (1988) 71 CTR (Ker) 61 : (1988) 173 ITR 355], the following questions are required to be referred for being dealt with by this Court :
” 1. Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that no transfer has been made by the assessee of these lands and, therefore, there was no gift ?
2. That the factual position appears to be that the lands in question could not have been validly transferred by the assessee ? “
The Tribunal, therefore, is directed to draw up a statement of the case and refer the above questions to this Court for being dealt with in accordance with law.
The original petition is disposed of as above.
[Citation : 173 ITR 357]
