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Gift

Tax queries 681 views 8 replies

Hi Team,

What is the tax implication if I am receving gift from my uncle(mausa ji) who is the resident of china and I am residing in india. Is Mausa ji is covered under the definition of relative as per section 56(2)(vii) of Income tax Act,1961???????

Replies (8)

Hello Ankit,

Under the definition of relatives provide by Income tax, only brothers and sisters of either of the indvidual is covered.

However, the same does not cover spouses of the brother and sister of either parents of the individuals.

Hence the above transaction shall not be exempted from tax and shall be charged under head Income from other sources

I beg to differ. Uncle is 'relative' and is not taxable.

I think its taxable if I refer case of Bhagwati trading co. ltd. Vs. Comm. Of Income tax [1977], relatives of relative cannot be called as relative

Meaning of relative is given in sec 56(2)(vii) which is the section in this case.
I mean relevant to gift from unrelated persons.

Hello Sunil Sir,

Thanks for correcting the definition of relative includes spouses of either brother or sisters of parents.

hence it is exempt

Mausa Ji cover under definition of relative. Hence gift received is exempt in hand of receiver

Hi all,

Below is a comprehensive list of Donors as per definition of relative under I.Tax Act 

List of Male Donors  List of Female Donors
Father (Papa or Pitaji) Mother (Maa or Mummy)
Brother (Bhai) Sister (Bahin)
Son (Beta or Putra) Daughter (Beti or Putri)
Grand Son (Pota or Potra) Grand Daughter (Poti or Potri)
Husband (Pati) Wife (Patni)
Sister’s Husband (Jija) Brother’s Wife (Bhabhi)
Wife’s Brother (Sala) Wife’s Sister (Sali)
Husband’s Brother (Dewar) Husband’s Sister (Nanad)
Mother’s Brother (Mama) Mother’s Sister (Mausi)
Mother’s Sister Husband (Mausa) Wife’s brother’s wife (Sala Heli)
Father’s Brother (Chacha or Tau) Father’s Brother’s Wife (Chachi or Tai)
Father’s Sister’s Husband(Fufa) Father’s Sister (Bua)
Grand Father (Dada, Pardada) Grand Mother (Dadi, Pardadi)
Daughter’s Husband (Jawai) Son’s Wife (Bahu or Putra Vadhu)
Spouse Father (Sasur) Spouse Mother (Sas)
Spouse Grand Father (Dada Sasur) Spouse Grand Mother (DadiSas)
Brother’s Wife (Bhabhi) Mother’s Brother’s Wife (Mami)
Husband’s Brother’s Wife (Devrani or Jithani)

 


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