09 October 2017
Sir, Please, give your kind opinion for below mentioned questions :
An NRI sends 3,000 US Dollars from a foreign country to his mother in India. He sends this amount with his friend , who is also an NRI, and coming to India for a short period.
This foreign currency is sent to his mother as A GIFT FROM A SON TO HIS MOTHER. The mother now exchanges the foreign currency - US Dollars, in her own name, by filling her own name and other details in forms, showing the currency as her own . She gets the exchanged amount credited in her bank a/c, after deduction of exchange fees.
Questions : 1) Is this kind of transaction valid and allowed in the eyes of laws and rules ?
2) - Can an NRI send and gift foreign currency, in this way, to his relatives in India ? - Can such NRI’s relative in India, exchange such gifted foreign currency in India, in his/her own name ?
Is it ok ? Can they do this ?
3) Will such gift transaction need any written documentation ? - If Yes, then how can it be possible, in absence of NRI? Because he is in foreign country.
4) Is this amount taxable in the hands of mother ?
5) Will the mother have to show this amount in her Income tax return ? - If Yes, Where to show it ? - Under which head ? By writing what particulars for it ?
6) If she shows this amount in her income tax return, then which ITR form she will have to use ? ITR-1 OR 2 OR 3 ? (She has only bank interest and FD Interest, as other incomes. No any salary or any other income.)
Please, clear these confusions. Thanks in advance.
09 October 2017
3. Amount involved is not higher. Moreover, the IT Act doesnt mandate any form of agreement or gift deed as requirement for gift. The sender may even write a simple email/letter acknowledged by the receiver of this gift.