Section 49(4) and 49(1)

About 6 years ago, no tax was paid under section 56(2)X on gifted capital asset received worth 2.7 Lacs. Now my question is whether cost of acquisition be NIL as per sec 49(4) since no tax was paid under 56(2)X that time OR will it be 2.7 Lacs as per sec 49(1)?
Replies (3)
Quick Summary
This discussion clarifies the cost of acquisition for capital gains tax purposes when a gift is received. Specifically, it addresses whether Section 49(4) applies, making the cost NIL due to no tax paid under Section 56(2)(x) at the time of receipt, or if Section 49(1) dictates the cost should be the market value of the gift (in this case, £2.7 Lacs). The consensus leans towards the cost being NIL if the gift was from a non-relative and Section 56(2)(x) tax was not applicable at the time.

Gift received from blood relation then no tax applicable.
Gift was received from friend who is non relative.
COST WILL BE NIL

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
08 September 2026
Semi-Qualified Assitant

Subrahmanyam & Sivudu CA Firm

Hyderabad

CA Inter

View Details
Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details
Company
ARTICLESHIP 16 September 2026
CA Article Trainee

SR BAGAI & Co.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
29 August 2026
Chartered Accountant

Velionit Consulting PVT LTd

Mumbai

CA

View Details
Company
21 August 2026
Accountant

A G International

Kolkata

B.Com

View Details
Company
ARTICLESHIP 29 August 2026
Article Assistant

RRPM & ASSOCIATES LLP

Chennai

CA Inter

View Details
Company
ARTICLESHIP 01 September 2026
Article Assistant

SGNG & Associates

New Delhi

CA Inter

View Details