Gift received from relative

The deciding thing is the reletionship exist at the time receipt of the gift. hence it is taxable.

See, the main point is RELATIONSHIP OF HUSBAND AND WIFE MUST EXIST AT THE TIME WHEN SUCH GIFT WAS RECEIVED. 

And Second Important point is RELATIONSHIP OF HUSBAND AND WIFE DOES NOT ENDS WITH THE DEATH OF SPOUSE although Husband got a right to remarry and Relationship of Husband-wife it ends when The Husband remarriage.

Now coming to your query:

1. If gift has been received before the Remarriage (even after death of wife) then such gift shall be exempt under section 56(2)(x).

2. I want to correct a little bit to my friend @ Mayur Patil that Brother and sister of Spouse are also Relative. So gift received from him as well would be exempt in husband hand. 

Originally posted by : Nitesh bind
	See, the main point is RELATIONSHIP OF HUSBAND AND WIFE MUST EXIST AT THE TIME WHEN SUCH GIFT WAS RECEIVED. And Second Important point is RELATIONSHIP OF HUSBAND AND WIFE DOES NOT ENDS WITH THE DEATH OF SPOUSE although Husband got a right to remarry and Relationship of Husband-wife it ends when The Husband remarriage.Now coming to your query:1. If gift has been received before the Remarriage (even after death of wife) then such gift shall be exempt under section 56(2)(x).2. I want to correct a little bit to my friend @ Mayur Patil that Brother and sister of Spouse are also Relative. So gift received from him as well would be exempt in husband hand.

I wish to add a little more correction.

OP asked in respect of "...If Individual Received Gift from Spouse's Brother's Spouse."

So, it's not the case of Brother/Sister of Spouse, but a case of Spouse of the brother of spouse. Therefore, applicable provision is Explanation (e)(i)(G) to S.56(2)(vii) and not (e)(i)(C) to S.56(2)(vii).

Nevertheless, such gift shall not be chargeable to tax.

[I would not call it an exemption. "Exemption" and "not being chargeable to tax" are 2 disparate things and have different treatments.]

 

sir, whether I can gift rs. 200000 to one of my son who has gon adaption if yes , there will be any tax liability ?