Gift

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

01 November 2010 If any person makes gift to HUF of Rs. 60000/- whether it is taxable or not? If yes to what extend of amount & at what rates of tax?

CA Sanat Pyne

CA Sanat Pyne (Expert)
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01 November 2010 Any sum of money exceeding Rs. 50,000/- given by any member or karta of HUF to such HUF is taxable in the hands of such karta/ member of HUF because these r not covered in proviso to Sec.56(2)(vii).

The section is framed in such a way as first Sec.Sec.56(2)(vii) declares the amount recieved by individual or HUF from anybody is taxable. But proviso then comes in to exclude certain catagory of persons.

For individual, relative is excluded. But for HUF, since it can't have any relative, this exception can't be applied to it. Nor can we deem relative of karta to exempt the amount given by him to HUF basing our assumption that relative of karta is also relative of HUF. It would be foul assumption.

Hence any amoutn recieved by HUF from relative of karta is taxable bcoz it doesn't come in the proviso to Sec.56(2)(vii)