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2012 Supreme(Kar) 918

N.KUMAR, RAVI MALIMATH
Commissioner of Income Tax – Appellant
Versus
R. Nagaraja Rao – Respondent


Advocates:
Advocate Appeared:
Mr. G. Kamaladhar, for the Appellant
Mr. A. Shankar, M. Lava, for the Respondent

JUDGMENT

1. The Revenue has preferred this appeal against the order passed by the Tribunal which held that the transactions and the family arrangement made between the assessee and the other family members cannot be treated otherwise than a family arrangement. Hence there is no transfer either of the movable or immovable as such. The assessee is not liable to pay any capital gains. There was a family arrangement by a deed dated 21-12-1992 between the children of late J.N. Radhakrishna and Saraswathi Bai. That each of the parties were holding apart from personal properties, the family properties and shares in different business concerns and each of the family business has been independently managed by one of the parties. Disputes arose between the parties. The dispute was referred to an arbitrator. The arbitrator suggested a settlement which the parties agreed. In terms of the settlement the assessee had to resign from Kaveri Breweries, a partnership firm and transfer has interest to Sri Neelakanta Rao for a consideration of Rs. 35,000/- being the capital balance of the firm, Accordingly, the assessee transferred the shares, Sri Neelakanta Rao transferred the shares held by in favour






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