H. R. KHANNA, C. J. (Oral)

( 1 ) THE following question has been referred to this Court under section 26 (1) of the Gift Tax Act, 1958 :-

"whether on the facts and in the circumstances of the case, the act of throwing self acquired property by the asses- sees into common hotchpotch of the Hindu undivided family with the intention of abandoning their rights in that property amounted to a gift within the meaning of the term gifts as defined in the Gift-tax Act, 1958 ?"

( 2 ) THE case relates to two assessees Shrimati Sharbati Devi and Munshi Lal. The assessment yr concerned is 1965-66 corresponding to the previous year which ended on March 31, 1965. The two assessees held one-half share each in a building situated in Ram Nagar, Delhi. During the previous year, each of the two assessees impressed his or her share in the said property with the character of joint family property. Question arose whether the assessees were liable to pay gift tax because of their impressing their shares in the property with the character of joint family property. The Gift Tax Office? and the Appellate Assistant Commissioner decided the matter against the assessees and held that they were liable to pay gift

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