Tax Consultation (US and India)
2970 Points
Joined September 2011
| Originally posted by : Dhirajlal Rambhia |
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Yes apply; unless there is dissolution of HUF, and the property is allotted to any member. |
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Sir,
Is this not a case of Gift made by HUF to its Relative and hence not liable to be taxed?
In another post, you said that the HUF cannot make the Gifts.
But I believe HUF can make the Gift to its members. F.A. 2012, amended the definition of relative in the explanation to S. 56(2) to provide that in case of HUF, its members shall be treated as relatives.
Kuppayee vs. Raja Gounder (265 ITR 551 at 559) SC
Raghbir Singh (1958) 34 ITR 719 (P&H)