The Bombay High Court has determined that the transfer of shares as a gift does not incur capital gains tax. This ruling came from a case where shares were transferred without consideration, meaning no money was exchanged. The court emphasized that gifts are not considered 'transfers' under the Income Tax Act, thus exempting them from capital gains taxation. This decision reinforces the legal clarity on tax exemptions for genuine gifts, potentially benefiting those who engage in non-commercial share transfers within families or among friends.