Introduction:
The author in this article has analyzed the provisions of the various Acts with regard to the definition of a relative. A comparative analysis has been done among the definitions provided under:
- Companies Act, 2013
- Income Tax Act, 1961
- Accounting Standards
- Goods & Service Tax
Analysis: Comparative chart of the definition of a relative under above mentioned acts is as under:
|
S. No. |
Relative |
Companies Act |
Income Tax Act |
Accounting Standard |
GST |
||
|
2(77) |
2(41) |
56(2)(vii) |
AS -18 |
Ind AS -24 |
|||
|
1 |
Husband/Wife/Spouse |
Covered |
Covered |
Covered |
Covered |
Covered |
Covered |
|
2 |
Father |
Covered |
Covered (Lineal Ascendant) |
Covered (Lineal Ascendant) |
Covered |
Not Covered |
Covered (If dependent) |
|
3 |
Step Father |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
|
4 |
Mother |
Covered |
Covered (Lineal Ascendant) |
Covered (Lineal Ascendant) |
Covered |
Not Covered |
Covered (If dependent) |
|
5 |
Step Mother |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
|
6 |
Son |
Covered |
Covered (Lineal Descendant) |
Covered (Lineal Descendant) |
Covered |
Not Covered |
Covered |
|
7 |
Step Son |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
|
8 |
Daughter |
Covered |
Covered (Lineal Descendant) |
Covered (Lineal Descendant) |
Covered |
Not Covered |
Covered |
|
9 |
Step Daughter |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
|
10 |
Brother |
Covered |
Covered |
Covered |
Covered |
Not Covered |
Covered (If dependent) |
|
11 |
Step Brother |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
|
12 |
Sister |
Covered |
Covered |
Covered |
Covered |
Not Covered |
Covered (If dependent) |
|
13 |
Step Sister |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
|
14 |
Son's Wife |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
|
15 |
Daughter's Husband |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
|
16 |
Member of a HUF |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
|
17 |
Grandson |
Not Covered |
Covered (Lineal Descendant) |
Covered (Lineal Descendant) |
Not Covered |
Not Covered |
Not Covered |
|
18 |
Grand Daughter |
Not Covered |
Covered (Lineal Descendant) |
Covered (Lineal Descendant) |
Not Covered |
Not Covered |
Not Covered |
|
19 |
Grand Father |
Not Covered |
Covered (Lineal Ascendant) |
Covered (Lineal Ascendant) |
Not Covered |
Not Covered |
Not Covered |
|
20 |
Grand Mother |
Not Covered |
Covered (Lineal Ascendant) |
Covered (Lineal Ascendant) |
Not Covered |
Not Covered |
Not Covered |
|
21 |
Liner Ascendant/Descedant of Spouse (Including their Spouse) |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
|
22 |
Spouse's Brother/Sister |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
|
23 |
Spouse of Liner Ascendant |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
|
24 |
Spouse of Liner Descendant |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
|
25 |
Spouse of Spouse's Brother/Sister |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
|
26 |
Spouse of Brother/Sister of the Indivdual |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
|
27 |
Parents's Borther Sister |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
|
28 |
Spouse of parents's Borther Sister |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
|
29 |
Depndent of Individual/Spouse |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Covered |
Not Covered |
In case of any query or clarification, please write us!!
CAclubindia
