Jagadeesh Birkodikar (Proprietor) 22 October 2010

Stock held in business whether can be gifted?

Expert advice is solicited in following problem

One of my clients, a manufacturing jeweler held stock of gold which value is lower than the market value. This is due to steep rise in gold prices in previous years and stock of gold acquired in the course of business which is around 20 years for which stock inventory is well maintained. Now due to old age he wishes to gift his entire stock of gold to his two sons & retire from business.

Now my doubts are

Although gifts made to sons are not taxable in the hand of either recipient or donor in instant case, what are the consequences of gifting gold stock held in manufacturing account? Whether assessing officer has right to treat same as deemed sale for the purpose of taxation? If so under what provisions of law?

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2 Replies

Amresh (Prop) 23 October 2010

To my miand ITO should not do that at the most he can treat the stock gifted as drawings.

Jagadeesh Birkodikar (Proprietor) 23 October 2010

Expert advice is solicited in following problem

One of my clients, a manufacturing jeweler held stock of gold value of which is lower than the market value. This is due to steep rise in gold prices in previous years and stock of gold acquired in the course of business which is around 20 years for which stock inventory is well maintained. Now due to old age he wishes to gift his entire stock of gold to his two sons & retire from business.

Now my doubt is….

· Although gifts made to sons are not taxable in the hands of either recipient or donor [Reliance placed upon sectin 56 (2) (vi) & (vii) for the purpose of meaing of relative] of IT Act in instant case, what are the consequences of gifting gold stock held in manufacturing account?

· Whether assessing officer has right to treat same as deemed sale for the purpose of taxation? If so under which provisions of law?

Suggestion/ advise/ discussion/ guidance will be highly appricated.