Gift u/s 56(2)(6)

Tax planning 660 views 6 replies

if gift received form relative in a year is rs.350000/- and from others is rs.36000/- in the same year than whether the gift received from others is taxable ot not?

Replies (6)
Not taxable.Gift from others is taxable only when it exceeds 50,000. Gift from relatives is not considered here.

where any sum of money exceeding fifty thousand rupees is received without consideration by an individual or a Hindu undivided family from any person

                Provided that this clause shall not apply to any sum of money received—

      (a)  from any relative; or

      (b)  on the occasion of the marriage of the individual; or

      (c)  under a will or by way of inheritance; or

      (d)  in contemplation of death of the payer.

                Explanation.—For the purposes of this clause, “relative” means—

       (i)  spouse of the individual;

      (ii)  brother or sister of the individual;

     (iii)  brother or sister of the spouse of the individual;

     (iv)  brother or sister of either of the parents of the individual;

      (v)  any lineal ascendant or descendant of the individual;

     (vi)  any lineal ascendant or descendant of the spouse of the individual;

    (vii)  spouse of the person referred to in clauses (ii) to (vi).

 

Provided that this clause shall not apply to any sum of money received relativies, but subject to clubbing provisions.

Provided that this clause shall not apply to any sum of money received relativies, but subject to clubbing provisions.

Provided that this clause shall not apply to any sum of money received relativies, but subject to clubbing provisions.

1. GIFT FROM RELATIVE: NOT TAXABLE AS GIFT RECEIVED FROM THE RELATIVE IS NOT TAXABLE PROVIDED THE RELATIVE FALL UNDER THE DEFINITION OF THE RELATIVE.

2. GIFT FROM OTHERS: NOT TAXABLE AS THE TOTAL GIFT AMOUNT DOES NOT INCREASE THE AMOUNT OF RS. 50000.


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