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Meaning of relative as per income tax act

Rakesh Lalani (6 Points)

26 March 2019

What is the meaning of relative as per income tax act?

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Kinjal (student) (312 Points)
Replied 27 March 2019

As per the Income Tax Act: Section 2(41), “relative”, in relation to an individual, means the husband, wife, brother or sister or any lineal ascendant or descendant of that individual.

As per Gift tax:Any ‘Relative’ means as per Section 56(2),

Spouse
Brother or sister of individual or of spouse
Brother or sister of either parents
Lineal ascendant/descendant of individual or of spouse
Spouse of relatives mentioned in 2. to 4.

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RAMAKRISHNAN R (INCOME TAX OFFICER) (1736 Points)
Replied 27 March 2019

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];

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(Guest)

In case of an individual includes:

1. Spouse of the individual.

2. brother/sister of the individual.

3. brother/sister of the spouse of the individual.

4. brother/sister of either of the parents of the individual.

5.any lineal ascendant/descendant of the individual.

6.any lineal ascendant of the spouse of the individual.

7. spouse of any of the person listed in point 1 to 6.

(Guest)

In the case of an individual, there are 7 instances of a person being a relative. However, in the case of a HUF, there are more than 30 instances of a person being a relative. Read the entire list here