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Gift to brother's spouse, Income Tax

Issue Id: - 3214
Dated: 23-7-2011
By:- NEERAJ BHUTORIA

Gift to brother's spouse


  • Contents

i have given a gift of Rs 100000 to me elder brothers wife. whether the same is taxable or not. kindly advise

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Showing Replies 1 to 3 of 3 Records

Page: 1


1 Dated: 25-7-2011
By:- DINESH AGGARWAL

Dear Mr. Neeraj,

Brother's Wife is not a relative as per definition of Relative given under the Income Tax Act, 1961.  Hence in my opinon, the whole amount will be treated income of receipient (Brother's Wife).

 

Regards

Manojkmodi@gmail.com


2 Dated: 25-7-2011
By:- Bakul Gandhi

The gift is not taxable in the hands of brother's wifeas she is a relative as defined in Sec 56(2)-

 

1.......................................

2-  brother or sister of such indiividual   3.................................4................................5...........................6...............................and 7 spouse of the individual referred in above 2 to 6. Thus brother's wife being spouse of person under item 2 is covered under item 6


3 Dated: 25-7-2011
By:- Sunil K. Jain

Dear Neeraj

As per section 56(v)(a) of the income tax act, and vide expalanation (ii) and (vii) there of ; brother's wife is covered under the definition of "relative". The same is therefore not taxable.


Page: 1

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