Dear All Experts,
Can a Non Hindu (Muslim, Christian, Sikh or Jew etc) Citizen of India Form HUF and file the income tax return accordingly.
Regards
Sameer
7 Replies
Sachin
(Chartered Accountant)
(419 Points)
Replied 13 April 2009
Dear Sameer,
Jain, Sikh and Buddhist families can also form HUF. please write any query related to Taxation my email id is sachinagarwalcallb @ gmail.com
Sumit Jain
(CA)
(4760 Points)
Replied 13 April 2009
sachin do u really think so
i dont think so
can u tell in which law it is written
i think hindi law is only for hindus
Abhinav Agarwal
(M.Com C.A SAP Consultant)
(814 Points)
Replied 13 April 2009
See below the advice of an expert:
----------------------------
Formation of a HUF
There is no formal procedure to form a HUF as it is automatically created. As the name suggests, a HUF means a family of Hindus. However, under the Indian tax law, persons belonging to the Jain and Sikh religion can also form HUFs. In order to form a HUF, the family must have at least two members, of which at least one is male. A HUF can also consist of female members, being the wives and unmarried daughters of the male members.
---------------------------
Sameer
(.)
(252 Points)
Replied 13 April 2009
Sirs,
That mean a muslim can't Form HUF. ??
Hinduism as defined by Hon'able Supreme Court is a way of Life Hinduism is not a religion, and any person who follows the same will be a Hindu.
CA Nitin Wadhwani
(Chartered Accountant)
(4469 Points)
Replied 14 April 2009
Yes.
A Muslim cannot form a HUF.
Your interpretation of Hindu is absolutely correct i.e Hinduism is a way of life.
CA Rajib Dutta
(audit manager)
(44 Points)
Replied 10 November 2009
yes, muslim can't form huf but jain, sikh, buddist can form.
Sunil
(Trader)
(2611 Points)
Replied 10 November 2009
For all legal matters the Government considers Jainism, Sikkhism and Buddhism as dervived from Hindhuism. Therefor HUF exists by law for these relegions also on same conditions as it does for Hinduism. You do not need to create it.
The other relegions are not derived from Hinduism. They are totally outside relegions that came to India and then Hindus converted to these relegions.
Jainism, Sikkhism and Buddhism were formed from Hinduism. That is the big difference.
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