GIFT- REGARDING
Ishwar Saini (33 Points)
27 September 2019
can a assessee take the gift in cash for his father or not if he can how much money
2 Replies
Kapadia Pravin
(17259 Points)
Replied 27 September 2019
As such there is no limit of cash gift but indirectly under 269ST upto 2 lakhs .
It is better that father deposits cash in his account and then give gift to son by cheque or vice versa
It is better that father deposits cash in his account and then give gift to son by cheque or vice versa
Suresh Thiyagarajan
(Student)
(3986 Points)
Replied 28 September 2019
1. According to sec 56(2)(x), any amount of money in the form of gift given to a relative will not be subject to tax in the hands of the recipient.
2. Father and son are covered under the definition of relative and thus cash amount accepted as a gift from father will not be taxable in the hands of the son.
3. However, as explained by expert it is a cash transaction and thus sec 269ST which restricts amount receivable in cash in excess of Rs. 2 lakhs,
i) in aggregate from a person in a day,
ii) in respect of a single transaction,
iii) in respect of a transaction from one event or occasion from a person.
4. So before accepting the gift make sure there is no violation of sec 269ST. Part-payment can be made since it is a gift from father to son. Otherwise, deposits can be made and transferred through the banking channel to avoid any kind of mishap in the future.
Please correct me if the above solution has an alternative view.
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