Om Prakash, C.J.

Pursuant to the direction of this Court under S.26(2) of the Gift Tax Act, 1958, the Income tax Appellate Tribunal, at the instance of the Revenue, referred the following question, relating to the assessment year 1980-81, for the opinion of this Court:

"Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in holding that the transfer in question is not subject to levy of tax under the provisions of the Gift-tax Act?"

2. The facts, as found by the Appellate Tribunal, are that the assessee made a gift of her self-acquired properties in favour of her daughter on the eve of the latter's marriage. The properties which are the subject matter of the gift deed dated 30.4.1979, are as follows:

(a) 37 cents of land and a building thereon in Sy. No. 560/364 in Vanchiyoor Village inside East Fort, Trivandrum; and

(b) 1521/2 cents of land in Sy.No. 210/3A in Nemom Village.

3. Return of gift was filed by the assessee on 31.12.1980. The Gift-tax Officer, for the purpose of gift tax, estimated the value of these properties taking into consideration the value fixed by the Valuation Cell for the purpose of wealth-tax assessment of the don