IN THE HIGH COURT OF GUJARAT AT AHMEDABAD GIFT TAX REFERENCE No 1 of 1994 For Approval and Signature: Hon'ble MR.JUSTICE R.K.ABICHANDANI and Hon'ble MR.JUSTICE K.M.MEHTA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- COMMISSIONER OF GIFT-TAX Versus NAVNITLAL SAKARLAL SODHAN -------------------------------------------------------------- Appearance: 1. GIFT TAX REFERENCE No. 1 of 1994 MR TANVISH BHATT, Advocate, FOR MR MANISH R BHATT Standing Counsel for the Revenue NOTICE SERVED on the Respondent -------------------------------------------------------------- CORAM : MR.JUSTICE R.K.ABICHANDANI and MR.JUSTICE K.M.MEHTA Date of decision: 03/05/2003 ORAL JUDGEMENT (Per : MR.JUSTICE R.K.ABICHANDANI) 1. The Income Tax Appellate Tribunal, Ahmedabad Bench "C" has referred the following question for the opinion of this Court under Section 26 of the Gift Tax Act, 1958 : "Whether the Appellate Tribunal is right in law and on facts in annulling the order u/s 15(3) of the G.T.Act holding that the right of revocation did not amount to gift as made out by the Gift-Tax Officer?" 2. We have today answered a similar question referred by the Tribunal in Gift Tax Reference No.6 of 1988. This matter, however, relates to the Assessment Year 1982-83, while the other matter was in respect of the Assessment Year 1971-72. 3. For the reasons which are given in our judgement rendered today (copy of which is enclosed herewith), the question referred to us is answered in favour of the assessee and against the revenue since the revocation made by the assessee on 31-12-1970 was not of the trust or of the transfer of trust property to the trustees which was already done under the Deed of Trust dated 11-4-1961 and there was no fresh gift under the said subsequent deed dated 31-12-1970. The reference stands disposed of accordingly. There shall be no order as to costs. [R.K.ABICHANDANI, J.] [K.M.MEHTA, J.] parmar*