ITR
Explaining money received as a gift from relatives
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Facts
Gifts from relatives as defined in the law are not taxable in your hands. Gifts from non-relatives above ₹50,000 in a year are taxable. Your reply should show the relationship and the giver's source.
Provisions and law
- Sec 133(6) (now Sec 252(1)(a))The officer can call for information useful for or relevant to any enquiry or proceeding
- Sec 56(2)(x) (now Sec 92(2)(m))Money or property received without consideration above ₹50,000 is taxable, except gifts from relatives and on specified occasions
Analysis
Under Sec 56(2)(x) (now Sec 92(2)(m)), money from a father, brother, spouse and other listed relatives is exempt. Show the transfers through banking channels, a simple gift letter signed by each giver, and their bank statement or income proof so the officer sees the money was theirs. A ₹6 lakh gift from a friend would instead be taxable as income from other sources. Keep the explanation consistent with the relatives' own returns.
Conclusion
- Get gift letters from your father and brother.
- Collect their bank statements for the transfer dates.
- Show the credits in your bank statement.
- Reply stating the relationship and that the gift is exempt.
A Savvy can do this for you
Call for information, Sec 133(6) (now 252(1)(a))
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