Is gift is taxable

If a person send gift (iphone) to his uncle through courier, but after checking by gst department they says the iphone is taxable ?but Why?


Is it taxable?
Replies (6)
Quick Summary
This discussion explores whether a gifted iPhone sent via courier is taxable under GST. The general consensus is that gifts are not taxable if they are not made in the course or furtherance of business and are without consideration. However, if the giver is registered under GST and the gift is considered a 'supply' (e.g., to a related party under specific conditions), it could be taxable. The taxability also depends on whether the giver has availed Input Tax Credit (ITC) on the item.

Hai R.V. Badgali, 

For any transaction to be taxed under GST we should check whether

1.It falls under the definition of supply or not 

2. whether any consideration is involved in it (Allowing an exemption for Schedule I list).

3. In the course or furtherance of business.

Supply: All forms of supply of goods or services or both, such as sale, transfer, barter, exchange, license, rental, lease, or disposal made or agreed to be made for a consideration by a person in the course or furtherance of business. From the above provision, one can conclude that to constitute a “supply” the following elements are required to be satisfied:-

  • It should be made in the course or furtherance of business
  • There should be some consideration involved

In the given case it is not treated as supply as it is without consideration and also not in the course or furtherance of business. So, I think GST should not be charged on the iPhone as it is not a supply.

NOTE: If he falls under the definition of the related party then it will be taxable if made in the course or furtherance of business.

As per section 2(49) family means:

(i) the spouse and children of the person, and

(ii) the parents, grandparents, brothers, and sisters of the person if they are wholly or mainly dependent on the said person;

No gifts are not taxable
Whether person gifting the phone is registered in GST, if yes then commodity or business he dealt with.

Sourav read query, gifts are not taxable in income tax but query here is for GST.
Fully agreed with Vikas
Sourav, when you already replied then what is sense commenting agreed. You are just replying on every post like this for sake of some points on caclub.

If you are agreed there is like option, click on it rather than writing agreed.

It is outside the purview of Schedule I as well if ITC has not been availed on it. assuming that person gifting the phone is an unregistered person.

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