The Supreme Court has held that a retired partner of a firm cannot be gift taxed by the revenue department on the ground that he gifted the differential amount between the value received by him and the market values of the shares to the firm. A three-judge bench comprising Justice S P Bharucha, Justice S N Phukan and Justice Y K Sabharwal gave this ruling while dismissing an appeal by the Commissioner of Gift Tax, Trivandrum. One T M Loiz retired from two firms in which he was a partner. The gift tax officer assessed him to gift tax on the basis that upon such retirement, there was a gift because the assessee had surrendered his rights in the firms. The appellate assistant commissioner upheld Louz's contention that there was no voluntary act by him as he had only relinquished his right and interest in the firms which cannot be termed as gift. When the revenue authorities appealed, the tribunal took the view that on retirement, the retiring partner was only entitled to get the value of his share in the partnership assets less liabilities. The same was upheld by the Kerala High Court. On appeal, the Supreme Court said the view taken by the appellate assistant commissioner, the tribunal and the High Court was the right view. Bureau Report