Judgment

HEGDE, J.: Both these appeals by the Commissioner of Gift Tax arise from the same judgment. The former one is by certificate and the latter by special leave. Civil Appeal No. 1341 of 1971 came to be filed because the certificate given by the High Court not being supported by any reason, the appeal brought on the strength of that certificate (Civil Appeal No. 128 of 1969) became unsustainable. That is why instead of one appeal, there are two appeals before us in respect of the same decision.

2. The decision appealed againes was rendered by the High Court of Madras in its advisory jurisdiction, in a reference under S. 26 (1) of the Gift Tax Act, 1958 (to be hereinafter referred to as the Act). The Income Tax Appellate Tribunal, Madras Bench referred the question, "Whether there was gift by N. S. Getti Chettiar of Rupees 2,46,377 on which he is liable to pay gift tax" to the High Court seeking its opinion. The High Court answered that question in the negative. The Commissioner of Gift Tax not being satisfied with that decision has brought these appeals.

3. The facts of the case are not many though the question of law arising for decision is by no means easy. The respondent, N. S