10 October 2009
In continuation of the query raised by me, I would still require some more clarification.
Suppose, A and B are relatives. That is, B is father and A is son.
B paid cash Rs.50000/- to A (and already, it was deposited by A in his bank account).
Now, to find a solution to the transaction in a proper manner, can the transaction be treated as a GIFT from FATHER to his SON.
I am sure, the GIFT from FATHER by cash of Rs.50000/- to SON is permissible under the Income Tax Act and hence, the deposit of Rs.50000/- by SON in his bank account does not have any impact.
Can you please confirm the transaction is valid, if such a stand is taken ?
10 October 2009
The above method is correct if both the father and son agrees for the same. As per law its ok. But family atmosphere also has to be considered.
10 October 2009
There will be no problem if the gift is accepted. But plz remember that onus of proof is on assessee to prove that the transaction is genuine and the person making the gift has so much worth to give the gift. Otherwise the gift will be added to the income of assessee.