Gift of foreign currency received from nri son


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Querist : Anonymous

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Querist : Anonymous (Querist)
09 October 2017 Sir,
Please, give your kind opinion for below mentioned questions :

An NRI sends 3,000 US Dollars from a foreign country to his mother in India.
He sends this amount with his friend , who is also an NRI, and coming to India for a short period.

This foreign currency is sent to his mother as A GIFT FROM A SON TO HIS MOTHER.
The mother now exchanges the foreign currency - US Dollars, in her own name, by filling her own name and other details in forms, showing the currency as her own .
She gets the exchanged amount credited in her bank a/c, after deduction of exchange fees.

Questions :
1) Is this kind of transaction valid and allowed in the eyes of laws and rules ?

2) - Can an NRI send and gift foreign currency, in this way, to his relatives in India ?
- Can such NRI’s relative in India, exchange such gifted foreign currency in India, in his/her own name ?

Is it ok ? Can they do this ?

3) Will such gift transaction need any written documentation ?
- If Yes, then how can it be possible, in absence of NRI? Because he is in foreign country.

4) Is this amount taxable in the hands of mother ?

5) Will the mother have to show this amount in her Income tax return ?
- If Yes, Where to show it ? - Under which head ? By writing what particulars for it ?

6) If she shows this amount in her income tax return, then which ITR form she will have to use ?
ITR-1 OR 2 OR 3 ?
(She has only bank interest and FD Interest, as other incomes. No any salary or any other income.)

Please, clear these confusions.
Thanks in advance.

09 October 2017 1. Transaction in nature of gift. So valid legally even if sent through a non relative as the intention is to gift mother

09 October 2017 2. Yes. The gift given to relative can be exchanged this way in his/her own name. No restrictions

09 October 2017 3. Amount involved is not higher. Moreover, the IT Act doesnt mandate any form of agreement or gift deed as requirement for gift. The sender may even write a simple email/letter acknowledged by the receiver of this gift.

09 October 2017 4. Gift from relatives, resident or non resident, is exempt

09 October 2017 5. Gifts can be shown in ITR under exempt income. No mandatory requirement if the mother doesnt have any taxable income.

09 October 2017 6. ITR 1 will be enough......

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Querist : Anonymous

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Querist : Anonymous (Querist)
11 October 2017 thank you for your reply, sir.


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