NRI Gift Tax

This query is : Resolved

Raju (Querist)
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22 November 2007 Dear All,

Good Evening

have one doubt to clarify,

If i get money ( check ) from NRI - non relative, is it tax exempted or taxable in the hands of receiver ?

mail me pls. raju_osnn@yahoo.co.in

Hope to hear from you soon.

Thanks & Regards,

Raju.

Raju

Raju (Querist)
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CA. O.P. Agarwalla

CA. O.P. Agarwalla (Expert)
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23 November 2007 In term of clause (iv) of section 56(2)of the I.T. Act, 1961, such receipts will be taxable as income from other source.

CA. Vineet Grover

CA. Vineet Grover (Expert)
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23 November 2007 Sec 56(2) is read as under:
In particular, and without prejudice to the generality of the provisions of sub-section (1), the following incomes, shall be chargeable to income-tax under the head Income from other sources, namely :

(i) dividends ;
(ia) income referred to in sub-clause (viii) of clause (24) of section 2 ;]

(ib) income referred to in sub-clause (ix) of clause (24) of section 2 ;]

(ic) income referred to in sub-clause (x) of clause (24) of section 2, if such income is not chargeable to income-tax under the head Profits and gains of business or profession ;]

(id) income by way of interest on securities, if the income is not chargeable to income-tax under the head Profits and gains of business or profession ;]

(ii) income from machinery, plant or furniture belonging to the assessee and let on hire, if the income is not chargeable to income-tax under the head Profits and gains of business or profession;

(iii) where an assessee lets on hire machinery, plant or furniture belonging to him and also buildings, and the letting of the buildings is inseparable from the letting of the said machinery, plant or furniture, the income from such letting, if it is not chargeable to income-tax under the head Profits and gains of business or profession;

(iv) income referred to in sub-clause (xi) of clause (24) of section 2, if such income is not chargeable to income-tax under the head Profits and gains of business or profession or under the head Salaries;]

(v) where any sum of money exceeding twenty-five thousand rupees is received without consideration by an individual or a Hindu undivided family from any person on or after the 1st day of September, 2004 48[but before the 1st day of April, 2006], the whole of such sum :

Provided that this clause shall not apply to any sum of money received

(a) from any relative; or
(b) on the occasion of the marriage of the individual; or
(c) under a will or by way of inheritance; or
(d) in contemplation of death of the payer; or
(e) from any local authority as defined in the Explanation to clause (20) of section 10; or
(f) from any fund or foundation or university or other educational institution or hospital or other medical institution or any trust or institution referred to in clause (23C) of section 10; or
(g) from any trust or institution registered under section 12AA.]

(vi) where any sum of money, the aggregate value of which exceeds fifty thousand rupees, is received without consideration, by an individual or a Hindu undivided family, in any previous year from any person or persons on or after the 1st day of April, 2006, the whole of the aggregate value of such sum

Thus if amount received is Rs.50000/- or more, the entire amount shall be considered as part of the total income and shall be subject to tax.

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