Is it attract the gift tax

1087 views 4 replies

Mr.A & B are  brothers, Mr.X Adopted A, but now A wants give a gift to B (that is his Own Brother) if is it attract the Tax under U/s Sec 56 (2) of Income Tax Act..................?

a. if Mr.X adopted A as per Indhu Adoption Act ...................?

b. if not adopted as per the law ................?

c. wheather their relationship is continue same as before after got  adopted by some other person............?

d. if is Taxable. give me the Refrences to the same....................

 

Replies (4)

Normaly gits are taxed if they exceed Rs. 50000 monetary or other wise....

However gifts from a relative are exemted in any case........however the relative should be included in the definition....a brother normally comes under the definition of relative.......

So not bothering about the adoption..its exemted from tax.......

Originally posted by : Girish

Mr.A & B are  brothers, Mr.X Adopted A, but now A wants give a gift to B (that is his Own Brother) if is it attract the Tax under U/s Sec 56 (2) of Income Tax Act..................?

a. if Mr.X adopted A as per Indhu Adoption Act ...................?

b. if not adopted as per the law ................?

c. wheather their relationship is continue same as before after got  adopted by some other person............?

d. if is Taxable. give me the Refrences to the same....................

 

refer the official pan card of both the persons. if father name is common in both the pan card, then gift is not taxable, otherwise taxable.

agree with ms. shweta...

Agree with Mr.US Sharma only......if adoption is under relevant law than it shall come under section 56 (2) clause 7.Hence taxable.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
24 June 2026
Chartered Accountant

CA Darshita Shah & Co

Nadiad

CA

View Details
Company
ARTICLESHIP 08 June 2026
Internal & Taxation Article

O P Bagla & Co LLP

New Delhi

CA Inter

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
20 June 2026
Chartered Accountant

ANV & Company

New Delhi

CA

View Details
Company
ARTICLESHIP 18 June 2026
Article Assistance

RB KESHRI & CO.

Mumbai

CA Inter

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details
Company
25 June 2026
Accounts & Taxation Executive

Dindukurthy & Associates

Hyderabad

MBA

View Details
Company
ARTICLESHIP 24 June 2026
CA Article Trainee

Rahul Dang & Associates

Pune

CA Inter

View Details