Taxability of income from sale of kidney

I too think it will be non-taxable income. The nature of such a transaction is very very rare from a commercial point of view. Saving someone's life is one thing and earning some income by way of selling one's own kidney is another.

xactly, but Income tax doesn't specifically provide for any such Income in India, neither any circular for the same has been issued... Since the practise is illegal as per ‘The Transplantation of Human Organs Act, 1994’ . 

When an income is earned on account of transacting the source itself, it is called Capital receipt. When a person selling his kidney, it is sort of transacting his capital, and capital receipts are generally Tax Free. 

Yes, i agree that capital receipts are generally tax free unless specified as taxable as per basic concept of income tax .But the basic provisions of capital gains states that transfer of capital assets is subject to capital gain tax. Capital assets means property of any kind and has been defined in an exclusive manner.Personal moveable property has been excluded from the defination.
Now two question arises whether a kidney can be termed as personal moveable property?
another if not taxable under capital gain, is it not taxable under IFOS?

Tiwari Ji

There is no straight answer to this question in tax laws. But I am sure it should not be taxable. There is no question of capital gain, how can one assess that it’s a LTCG or STCG and how one can determine original/acquisition cost of his kidney.

It can not be taxed as IFOS as it does not seem an income.

Why don’t you write to itprbangalore @ gmail.com, please do let us know the feedback you receive from them.

Good reply Mishra ji,

I am going to write  to the given address. And would surely give the feedback. I have also stated in my first post that it cannot be taxed under capital gain or under any other head. I only have a little doubt about its taxability under IFOS. 

My reason for doubt is  "Sarkar bolta hai ki income agar kiye ho to tax dena hoga". i.e .  Every income is taxable unless excluded.

 if we treat it as personal asset it will be exempt . But it dont even come under defination .. 

Originally posted by : Santosh Mishra
	Tiwari Ji   There is no straight answer to this question in tax laws. But I am sure it should not be taxable. There is no question of capital gain, how can one assess that it’s a LTCG or STCG and how one can determine original/acquisition cost of his kidney.   It can not be taxed as IFOS as it does not seem an income.   Why don’t you write to itprbangalore @ gmail.com, please do let us know the feedback you receive from them.

Good elements.

I think such income is not liable for tax & It is not capital receipt too.
 

Well first of all selling of kidney is illegal (I think!)..

and well as even illegal income is taxable, It will come under Income tax..

Now, when suppose a star sells his hair it is taxed as a capital gains..

So I think it will be taxed as capital gains..

Check the case Law of Shanti Bhusan v/s CIT New Delhi HC. It say Human Organs cannot be termed as Assets & nor can they be Capitalised. So Given this Interpretation of Heart in that case, How can Kidney be termed as a Capital Asset or a Product even to consider it as a Sale & Revenue Income. So all answers given above dont stand, except the One given about the Human Organs Transplant Act.

Originally posted by : Praful Shah
	Check the case Law of Shanti Bhusan v/s CIT New Delhi HC. It say Human Organs cannot be termed as Assets & nor can they be Capitalised. So Given this Interpretation of Heart in that case, How can Kidney be termed as a Capital Asset or a Product even to consider it as a Sale & Revenue Income. So all answers given above dont stand, except the One given about the Human Organs Transplant Act.

So boss, what is your opinion?

they says all income are taxable unless excluded.

We all know this is not legal, but illegal income is also require to be offered to tax.

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