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Gift to family member - tax implications

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Querist : Anonymous

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Querist : Anonymous (Querist)
30 June 2015 One of my friend is stuck between 2 options and wants to weigh both the options from tax point of view:
1) His NRI father from his Nre savings a/c. gifting his mother a sum of Rs.5lacs through cheque for the renovation of house in India in her name
2) His NRI father from his Nre savings a/c. gifting his son a sum of Rs.5lacs through cheque and then he in turn gifting his mother for the renovation of house in India in her name
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CS Advocate Abhishek Goyal

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CS Advocate Abhishek Goyal (Expert)
30 June 2015 In the first option, there will be no gift implications in the hands of mother since gift from spouse is exempt. Clubbing provisions will be applicable but since the entire gift is to be used only for renovation of house no income is generating hence no clubbing.

In the second option, again there will be no gift implications. No clubbing provisions will be applicable.
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CS Advocate Abhishek Goyal

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CS Advocate Abhishek Goyal (Expert)
30 June 2015 In the first option, there will be no gift implications in the hands of mother since gift from spouse is exempt. Clubbing provisions will be applicable but since the entire gift is to be used only for renovation of house no income is generating hence no clubbing.

In the second option, again there will be no gift implications. No clubbing provisions will be applicable.
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