Commissioner of Gift Tax vs Om Prakash

Heard learned standing counsel for the Revenue. In the present application filed u/s 26(3) of the Gift-tax Act, 1958, the applicant sought for the following question :

" Whether the Hon''ble Income Tax Appellate Tribunal was correct in law in upholding the decision of the Deputy Commissioner of Income Tax (Appeals), Agra, that there was no element of deemed gift u/s 4(1)(a) of the Gift-tax Act, 1958, in the transaction of sale of land by the assessee ? "

The findings recorded by the Tribunal are quoted hereunder :

The learned Deputy Commissioner (Appeals) noticed that the difference was nominal, even less than fifteen per cent. He found that the land in question was not situated on the main road and that the purchaser was not related to the assessee.

He, therefore, deleted the addition made by way of gift. We, therefore, looking to this and to other aspects mentioned in the impugned orders of the learned Deputy Commissioner (Appeals) of which there is no rebuttal, find no warrant or justification for interference with the order of the learned Deputy Commissioner of Gift-tax (Appeals).

In view of the aforesaid finding recorded by the Tribunal, we find no merit in the present application. It is, accordingly, rejected.