Gift from maternal parent ( nana) taxable ...?

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This query is : Resolved

NG (Querist)

30 May 2013 Sr. 1. Whether lineal ascendant/descendant includes from mother’s side too ?
(if answer to Sr.1 is YES, then query at Sr.2 hereunder is resolved..)

Sr. 2. If not, then whether Gift can be received from maternal parent say nana under clause relative ?
(if yes, Give reasoning / analysis clause wise…)

As according to my analysis, answer is NO. as under
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Clause V will cover :
Father,
Paternal Grandfather (Dada),
Son
Daughter
Sons's Children
Daughter’s children
and so on.

Clause VII will cover spouse of above i.e.
Mother
Grandmother
Son's wife
Daughter's husband,
Son's Child’s spouse,
Daughter’s Child’s spouse..
and so on.

Mother's father is not fitting in any clause..
(it is understood that lineal ascendant does not cover mother’s side… )
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Clause VI covers all of above from spouse’s side (say wife’s side) i.e. Father-in-law, etc...

Ganeshbabu K

Ganeshbabu K (Expert)

30 May 2013 Yes,,

it is exempt,see iv,vii

explanation to relative provided in sec 56(2)

Explanation.—For the purposes of this clause, "relative" means—
(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;
(vii) spouse of the person referred to in clauses (ii) to (vi);]

NG (Querist)

31 May 2013 -------------------------------------------------
Clause IV just says about - brother / sister of either of parent... not father of mother..

and Clause VII spouse of above...
(i.e. spouse of brother and sister of either of parent)

How mother's father - will come here..?
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