ThynkTax /Tax Reference /Case Laws /Abhishek Agarwal v. ITO - Section 56(2)(x) gift from relatives - meaning of relative

Abhishek Agarwal v. ITO - Section 56(2)(x) gift from relatives - meaning of relative

Income Tax Appellate Tribunal·2023·ITR

The ITAT Delhi Bench examined the definition of "relative" under Section 56(2)(x) Explanation clause. Held that "sibling" includes step-siblings and that the list of relatives specified in the section must be interpreted as exhaustive - gifts only from relatives listed in the section escape Section 56(2)(x) taxation. The Tribunal also held that gifts received from non-resident relatives of Indian origin are equally exempt from Section 56(2)(x) as long as the relationship falls within the specified list, as the section does not restrict to only resident relatives. Relevant for cross-border family gift transactions.

Use via API

Free, public REST. Fetch this judgment programmatically.

API docs
curl https://api.thynktax.com/v1/tax-law/case-laws?q=Abhishek%20Agarwal%20v.%20ITO%20-%20Section%2056(2)(x)%20gift%20from%20relatives%20-%20meaning%20of%20relative