Nilesh Shah writes:
Cell 92246-59941
E Mail: nilesh63@vsnl.
The provisions of section 56(1)(v) were introduced for the first time 
by the Finance No 2 Act,2004 with effect from 1-4-2005.
What has the Finance Bill No 2, 2004 has to say when the provision of 
section 56(1)(v)- commonly referred to as the back door entry of Gift 
Tax- was first introduced. I am sure none of you will believe 
yourself when you read it.
It reads:
Modification of the definition of income to include receipts in cash 
or credit otherwise than for consideration
It is proposed to insert a new sub-clause in the definition of income 
so as to provide that any sum received on or after the 1st day of 
September, 2004, by an individual or a Hindu undivided family from 
any person, in cash or by way of credit, otherwise than by way of 
consideration of goods and services shall be included within the 
definition of income under section 2(24) of the Income-tax Act. It is 
also proposed to provide a general threshold limit of Rupees twenty 
five thousand. In addition to this, in the case of an individual's 
marriage, the gifts received will not be charged to tax.
However, in order to avoid hardships in genuine cases, it is also 
proposed to exclude certain sums from the scope of the new definition 
of income under section 2(24). The sums which shall not be included 
in the income are : (a) the sum received by, or credited in the 
account of (i) any individual from a relative out of natural love and 
affection, or (ii) any individual or Hindu undivided family under a 
will or by way of inheritance, or (iii) any employee or the dependant 
of the deceased employee from an employer, by way of bonus, gratuity 
or pension or insurance or any such other sum solely in recognition 
of the services rendered by the employee, or (b) any sum received in 
contemplation of death of an individual or karta or member of a Hindu 
undivided family, or (c) any income referred to in section 10 of the 
Income-tax Act or any other income which is exempt or not included in 
the total income under the Act, or (d) any sum received on account of 
transfers referred to in section 47 under this Act.
It is also proposed to define the expression "relative" for the 
purposes of the new provision as (i) spouse of the individual, (ii) 
brother or sister of the individual, (iii) brother or sister of the 
spouse of the individual, (iv) brother or sister of either of the 
parents of the individual, (v) any lineal ascendant or descendant of 
the individual, (vi) any lineal ascendant or descendant of the spouse 
of the individual, and (vii) spouse of a person referred to in items 
(ii) to (vi) mentioned above.
It is also proposed to amend section 56 so as to provide that the 
income referred to in the new sub-clause (xiii) of section 2(24) will 
be chargeable as "income from other sources". This amendment will 
take effect from 1st April, 2005, and will, accordingly, apply in 
relation to the assessment year 2005-2006 and subsequent assessment 
years. [Clauses 3, 5 and 12]
Thus the gift received from a father to his son's HUF is not 
exempt.Only a gift received by an individual from his relative out 
of natural love & affection is exempt. What is exempt in the hands of 
an HUF is the sum received by an HUF under a will or inheritance.
Nilesh Shah writes from Mumbai:
Cell 92246-59941
E Mail: nilesh63@vsnl.
The provisions of section 56(1)(v) were introduced for the first time 
by the Finance No 2 Act,2004 with effect from 1-4-2005.
What has the Finance Bill No 2, 2004 has to say when the provision of 
section 56(1)(v)- commonly referred to as the back door entry of Gift 
Tax- was first introduced. I am sure Mr Parmar you will not believe 
yourself when you read it.
It reads:
Modification of the definition of income to include receipts in cash 
or credit otherwise than for consideration
It is proposed to insert a new sub-clause in the definition of income 
so as to provide that any sum received on or after the 1st day of 
September, 2004, by an individual or a Hindu undivided family from 
any person, in cash or by way of credit, otherwise than by way of 
consideration of goods and services shall be included within the 
definition of income under section 2(24) of the Income-tax Act. It is 
also proposed to provide a general threshold limit of Rupees twenty 
five thousand. In addition to this, in the case of an individual's 
marriage, the gifts received will not be charged to tax.
However, in order to avoid hardships in genuine cases, it is also 
proposed to exclude certain sums from the scope of the new definition 
of income under section 2(24). The sums which shall not be included 
in the income are : (a) the sum received by, or credited in the 
account of (i) any individual from a relative out of natural love and 
affection, or (ii) any individual or Hindu undivided family under a 
will or by way of inheritance, or (iii) any employee or the dependant 
of the deceased employee from an employer, by way of bonus, gratuity 
or pension or insurance or any such other sum solely in recognition 
of the services rendered by the employee, or (b) any sum received in 
contemplation of death of an individual or karta or member of a Hindu 
undivided family, or (c) any income referred to in section 10 of the 
Income-tax Act or any other income which is exempt or not included in 
the total income under the Act, or (d) any sum received on account of 
transfers referred to in section 47 under this Act.
It is also proposed to define the expression "relative" for the 
purposes of the new provision as (i) spouse of the individual, (ii) 
brother or sister of the individual, (iii) brother or sister of the 
spouse of the individual, (iv) brother or sister of either of the 
parents of the individual, (v) any lineal ascendant or descendant of 
the individual, (vi) any lineal ascendant or descendant of the spouse 
of the individual, and (vii) spouse of a person referred to in items 
(ii) to (vi) mentioned above.
It is also proposed to amend section 56 so as to provide that the 
income referred to in the new sub-clause (xiii) of section 2(24) will 
be chargeable as "income from other sources". This amendment will 
take effect from 1st April, 2005, and will, accordingly, apply in 
relation to the assessment year 2005-2006 and subsequent assessment 
years. [Clauses 3, 5 and 12]
Thus the gift received from a father to his son's HUF is not 
exempt.Only a gift received by an individual from his relative out 
of natural love & affection is exempt. What is exempt in the hands of 
an HUF is the sum received by an HUF under a will or inheritance.
I am sorry for having disturbed the mental peace of many of our readers .But it is a reality.
Your's Sincerely,
Nilesh Shah 
 
 
				
				 
							 
   
            
             
            
             
            
             
            
             
            
             
                                
                             
                                
                             
  
