Gift from relative

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As per taxability of gift provisions"gift from relative is exempt from tax"
but as per clubbing of income provisions it should be taxable
what is that ???
is this same as I see ???
Replies (4)

Two different points arise in such a case.

1.The act of giving a gift.

2.The act of earning revenue from the gift.

If gift is not exempt the person receiving the gift is taxed.

In certain cases if gift is exempt, then such a gift is taxed in the hands of the person who gave the gift.This is called clubbing.

Clubbing provisions basically stop you from giving a part of your property so as to avoid tax on future income from such gift.

E.g.Cash or House Property.

like sir let's take an eg. if Mrs A gift ₹400000 cash to Mr A as per gift provisions it is exempt bcoz taken from relative but clubbing if it is invest somewhere the income arise from it will be taxable in the hands of Mrs A so indirectly it will be taxable so why we say that it is exempt
Dear Khushi,
Thanks for the query,
From your question I understand the following,
At one hand gifts are said to be not taxable and on the other hand same act includes it as income.

Now, Khushi we need to understand a few things before we proceed to the answer,
Gift is an act of volunteer transfer of asset without any consideration out of affection or love.
now 56(2)(vii) excludes relatives from tax on such gifts of money or property.
Which means No tax on the value of that article in the hand of recipient.
You would appreciate the fact that Sec. 62 of the act says that if an irrevocable transfer of asset is made than income from that asset will be taxed in the hands of TRANSFEREE and not transferor,
Now Gifting provisions exempt tax over ASSET TRANSFERED, had these provisions were not made tax would have been charged over transfer of such asset via putting assumption that such gift is actually consideration for something and thus such consideration is income to the recipient.
Whereas clubbing of income is attracted on income arising from assets transfered on the basis of a revocable transfer u/s 61 AND NOT U/S 62.

Thus, I think you probably have misinterpreted the two provisions, they have different usage,
Gifting exempts the ASSET
Clubbing exempts Income from such asset, since gift would come under irrevocable transfer of asset, thus no question of clubbing of income arising from such asset in the hands of transferor, but such income will be taxable in the hand of transferee himself only.
Now, lets take a quick example, Say its my marriage ;) and I receive 1Cr. from my Uncle now that would mean,
I am not required to pay tax on such 1Cr. remember that I am the recipient of 1Cr. deptt. assumes that is my income shown as gift(actually this provision is here to curb Black money conversion) but due to certain restrains govt. had to exclude relatives from the section 56(2)(vii).
Now, as it is irrevocable transfer of asset as per sec 62 Income on such 1Cr. will be taxed with me only and not be clubbed.
Now, had it been taxed as Gift in my hands (if i had received it from a say, company on my birthday) the income from such gifted money
*in continuation
would still be taxed in my hands only and not in the hands of the company.
Since it is an irrevocable transfer.

Hope this explains and satisfies your query, pardon for such a lengthy answer, it seemed to me that you had conceptual disparity but it happens with us all, should you have any further issues plz revert back and in case of clarification on black money, you may msg me too.

Thanks for reading,

Abhimanyu


CCI Pro

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