CA Practice
113 Points
Joined March 2007
Hello Ruben,
Ur effort is appreciable . But your reply is mere bookish , the given case requires much more insight knowledge and experience . Kindly refer the given link :https://www.itatonline.org/articles_new/index.php/law-on-taxability-of-gifts-a-comprehensive-analysis/
The link will give you quite a good insight regarding the broad definition and understanding of relative and text is written by very renowned person in the subject .As per the link given by you Bhatija/Bhanja(son of Brother/Sister) is not covered under the definition of relative but link given by me clearly state that the are covered under the definition of relatives(please read text in the Quotes in the right hand side-"..the Income Tax Act does not recognise bilateral relations so far it appears from this example of Mama Bhanja. Similar situation will arise in case of Chacha- Bhatija. If Bhatija (Nephew) gets a gift from Uncle, it will be exempt but if an Individual (Chacha or Uncle) gets gift from his nephew or niece, it will not be exempt and will be taxed. We feel the relationship is mutual and therefore the CBDT needs to revisit the definition of relative for the above purpose")
So we need concrete answer (any case laws) in this regard
Thanks