gift from nephew

This query is : Resolved 

29 March 2011 if an individual receives a gift of Rs.5,00,000 from his nephew by cheque then whether it is chargeable to tax or not

29 March 2011 Gift from relative is exempt from Tax. But Nephew do not fall under relative as defined u/s 56(2)(vii). So the amount of Rs 500000/- will be fully taxable.

Relatives u/s 56(2)(vii) from whom Gift is permissible under Income Tax Act, 1961

(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)


https://www.caclubindia.com/share_files/synopsis-of-taxability-of-gift-27904.asp


For more details see file from above link.

29 March 2011 gift from non relative will be chargeable to tax ??

in the above case, i hope it is exempted from tax


29 March 2011 Vivek Gift from Relative as per definition given above will be fully exempt from Tax.
Gift from non relative are exempt upto Rs 50000/-. So in this case gift will be fully taxable. Hope karne se kuch nahi hoga.

29 March 2011 https://www.caclubindia.com/share_files/synopsis-of-taxability-of-gift-27904.asp

For more details please check out file from above link.



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