Can huf do gift to its family members .?

Can HUF Do gift to its family members..?  In Act Clear Say that an indvidual can give gift to HUF as amended in 2009 but in reverse situation is ACT Silient. Example I want to give Insurance Premium above 50000/-  From MY HUF File to One of Family Member & Debited to my capital Ac (i.e. Gift ).. Can i Do or i have to face litigation. ?

Replies (2)

hello,

If member received a gift from its huf, then it will be taxable in member’s hand as income from other source.

Coming to your question, H.U.F is allowed to Gift to Members of H.U.F in certain cases(i.e with in reasonable limits,on the occassion of Marriage of Daughter and even long after the marriage as long as it is not conflicted by Assessing officer and proven to Fraud) as per HIndu Law. But to claim expenses in H.U.F Profit and Loss account and to claim tax benifit in the form of expense, it should be H.U.F's business expense. In the given case if H.U.F paid premium for LIC policy, taken on members of H.U.F, then it will be allowed u/s.80C. So you need not to treat it as Gift whether it is above Rs.50,000 or not. Coming to gift, GIft is an Appropriation of Income for any assessee and not allowed to claim as expense for Income tax purpose and it is taxable in the hands of receipient of Gift. But if gift is received from relative then it is not at all taxable whehter it exceeds Rs.50,000 or not. So in your case whenever gift is received by member from H.U.F it is not at all taxable in the hands of receipient too. But when ever such gift is transferred by such member then cost of acquisition should be taken as "ZERO"

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 19 August 2026
Chartered Accountant

apricus india

Pune

CA

View Details
Company
Featured 12 September 2026
Assistant Manager - Finance & Compliance

Naveen Fintech Pvt Ltd

Kolkata

CA Inter

View Details
Company
ARTICLESHIP 26 August 2026
CA Article Assistant/CA Drop Out/Accounts Executive

PARV & Co.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
28 August 2026
Assistant Manager

NRS AND ASSOCIATES

Kozhikode

CA Inter

View Details
Company
ARTICLESHIP 17 August 2026
Article Assistant

Jain Ankit and Co

Gurgaon

CA Inter

View Details
Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
ARTICLESHIP 24 August 2026
Article Assistant

M/s.S.G.Salecha & Co.

Mumbai

CA Inter

View Details