Amita Dua v. GTO (2018) 164 DTR 142 / 310 CTR 269(Delhi)( HC)

Gift -tax Act , 1958.
S. 4: Deemed gift- Investment company- Sale of shares at Rs 10 per share as against book value of shares at Rs 6.86 per share cannot be held to be in adequate- Valuation as per Schedule III of the Wealth -tax Act, 1957 cannot be applied . Addition was deleted.

Allowing the appeal of the assessee the Court held that ; In the opinion of this Court both the lower authorities and the AO fell into error in proceeding to apply III Schedule to the Wealth Tax Act (by reason of Rule 11), which is applicable to the investment company, when clearly the findings pointed out to the fact that the necessary pre-conditions of treating M/s Dua Engineering Pvt. Ltd., as an investment company did not exist. If rule was inapplicable, the other mechanism of applying the value of a non-investment company, was to apply. This meant that the book value of the share (Rs.6.86) had to be applied. Therefore, Rs.10/- value at which the assessee sold her shares to her husband in 1993 could not be treated as inadequate consideration. The findings of the lower authorities are, therefore, in error of law. The question of law is answered in favour of the assessee. Addition was deleted