It was, however, contended on behalf OF the Revenue that there is a vital difference between section sub section (t) of the Gift Tax Act and section 7 sub section (1) of the Wealth Tax Act in aS much aS section S sub section ( 1 ) of the Gift Tax Act is subject inter alia to the provision of sub section (3) of that section and this latter sub section provides that where the value of any property cannot be estimated under sub section ( 1 ) because it is not saleable in the open market, the value shall be determined in the prescribe manner and Rule 10 sub rule (2) of the Gift Tax Rules prescribes the manner of valuation of shares in a private limited company where the Articles of Association contain restrictive provision as to the alienation of shares, by providing that in such a case, the value of the shares "if not ascertainable by reference to the value of the total assets of the company, shall be estimated to be what they would fetch if on the date of gift they could be sold in the open market on the terms of the purchaser being entitled to be registered as holder subject to the articles, but the fact that a special buyer would for his own special reasons give a higher price that the price in the open market shall be disregarded".