should my mother have to show any proof if i gift money to her

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Albert Desouja (Querist)
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21 August 2016 i am nri and if i give money 5lakh to my mother (direct transfer her indian bank account)....which she further invest in fixed deposit in bank ...she has to fill income tax return and advise me also she need any further proof to show how she got that money to income tax department...

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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21 August 2016 No need of any further proof, Indian bank statement is enough. No need to file the return as interest earned on it will be below taxable limit.

Albert Desouja

Albert Desouja (Querist)
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19 October 2016 please advice as per indian income tax section 56 (2) which said gifted income more than 50000 or property is taxable in the hand of receiver but that clause shall not apply to any sum of money received from any relative...again that section specified "relative means": a. spouse of the individual b. brother or sister of the spouse of the individual c. brother or sister of either of the parents of the individual.... so if i recived money from my son will it be treated as gifted money and sure i dont have to pay any tax on that money which i received in my bank account

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CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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19 October 2016 Yes, you need not pay any tax on the money received by you from your son. You will be treated as relative and the money received will be treated as gift and no tax need to be paid.

Albert Desouja

Albert Desouja (Querist)
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24 October 2016 thanks for yur advise ...please clear my doubt regarding clubbing provision in indian income tax....will it be applicable in my case...

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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25 October 2016 Clubbing provision is not applicable in your case.