Doubt on gifts taxable under income from other sources

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Dear Sir/Madam,

QUESTION: Mr. XYZ(aged 40)  recives following gifts in current privious year:-

         1)Cash gift from friend A rs.32000, friend B rs.16000.

         2)500 Shares of PQR ltd from a nonrelative market value of these shares (fair value of 500 shares is rs.58900)

Find taxable value of giifts recieved taxable under the head income from other sources.

 My doubt is,

                      (i) should we take value of gifts in agreegate (ie. 32000+16000+58900) and compare non taxable limit of morethan 50000 and tax 108900.

                                                                                                     or

                      (ii) should we take the bifurcation of cash gift and moveable gift, then compare cash gift to 50000 limit  and for moveable gift compare fair value u to 50000 limit again?

 

Hope, you have undersatnd what im asking. smiley

Replies (4)

 

 

This way goes in right direction 

(ii) should we take the bifurcation of cash gift and moveable gift, then compare cash gift to 50000 limit  and for moveable gift compare fair value u to 50000 limit again?

 

Hi...

 

I think the taxable income u/s 56 (vii) is Rs.58900 i.e. the FMV of movable property received by the assessee. When i go through the section i did not find any thing which says the total gift falling under 4 catergories is to be consolidated for getting exemption of limit of Rs.50000.This mean the limit of Rs.50000 is individual to all 4 catergories.

 

 

Dear sir/madam,

          As i came through the act it has metioned that " in agreegate of taxable value of gift should not exceed Rs.50,000" , in ipcc tax study material. Then wouldn't be taken also as gifts should be consolidated and then compared.

 

If any sum of money received without consideration, the aggregate of which
exceeds Rs.50,000, the whole of such sum will be chargeable.
 
if any property other than immovable property received –  
(a) without consideration, the aggregate fair market value (FMV) of which
exceeds Rs.50,000, the whole of aggregate FMV of such property will be
chargeable.
so in this case the fmv of the shares exceed 50000/- and only that will get taxed. as the aggregate sum of money received is <50000

 

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