15 February 2016
Dear Sir, An assesse had received a certain some of money from his late elder brother. So whether this amount received by way of inheritance can be treated as gift from elder brother.
Please reply as early as possible. Your valuable reply will be very helpful for me.
16 February 2016
Let us study your problem under the following two heads of income: 1. Capital gains in the hands of your brother / his estate: Firstly...the nature of receipt is capital receipt. Second....though it is a transfer and not directly excluded as gift, will etc. indirectly excluded in section 49. Answer: Your brother / his estate not liable for capital gains.
2. Income from other sources in your hands: U/s 56(2)(vii) ....'inheritance' is excluded specifically from taxable 'other income'. Hence, not taxable in your hands.
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