Gift to adopted daughter

Ch. Sai Sudha Mohan (Income Tax Practitioner) (223 Points)

20 April 2015

Is the Gift of House property who is adopted to another person, by the natural father taxable or exempted.

Reply
Follow
Share

6 Replies

NAVIN AGICHA (HELPING HAND) (1313 Points)
Replied 20 April 2015

It is taxable, because when someone else adopted daughter, then that person will become relative.

CA HAYEDAR SHAIKH (Practice ) (622 Points)
Replied 20 April 2015

Dear Sai Mohan,

Sec. 2(15B) of Income Tax Act,1961 defines child includes a step-child & adopted child of individual.

The same was held in the case of GTO v. A.K.C. Natarajan (1986) 16 ITD 359 (Mad).

1 Like

Ch. Sai Sudha Mohan (Income Tax Practitioner) (223 Points)
Replied 04 May 2015

Dear Saleem,

My doubt is regarding the Gift by Natural Father to a Adopted Daughter(given to another)

CA HAYEDAR SHAIKH (Practice ) (622 Points)
Replied 04 May 2015

Dear Sai Sudha,

1 - If you have adopted Daughter, then it is exempt.

2 - If Adopted daughter ( given to another / adoption should be made by person other than person gifting the same) then it is taxable.

Nikhil Kaushik (Fellow CA) (84850 Points)
Replied 05 May 2015

Guys, I don't think just on account of child being given away for adoption cuts away the lineal relationship as covered in section 56.

Bal Krishna Misra (2 Points)
Replied 07 April 2022

Dear Mr Nikhil, I agree with your point, whether your query resolved or there is any case law

Start a New Discussion

view all classess

Forum Home