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Nilotpal.2012 (Student)     11 April 2013

Gift to major son

A father gives a Gift of Rs. 2,50,000/- to his major son.

Will it be taxable in the hands of the major son ?

Whether it will attract any Gift Tax either to father or to the major son ?



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 2 Replies

Arhanath Patil (B.Com , CA-Final)     13 April 2013

Father can give gift of any amount to his major son / daughter.

It is exempt in the hands of major son / daughter.

Generally, any gift you receive from various members of your family and

specified relatives is not considered your income. Thus, no income tax

is payable on gifts received from relatives - and also gifts received from

parties other than relatives upto a sum of Rs. 50,000.

R RAJAGOPALAN (ADVOCATE)     15 April 2013

 

As the gift is from relative to relative , is exempt from tax under S.56 of the Income tax Act 1961. It defines a relative  as under:

in case of an individual—

(A)  spouse of the individual;

(B)  brother or sister of the individual;

(C)  brother or sister of the spouse of the individual;

(D)  brother or sister of either of the parents of the individual;

(E)  any lineal ascendant or descendant of the individual;

(F)  any lineal ascendant or descendant of the spouse of the individual;

(G)  spouse of the person referred to in items (B) to (F)


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