Nirmal Ghorawat’s Post

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Chartered Accountant (India)

In the matter of CIT, Delhi vs. Dhannalal Devilal, AIR1 956 RAJ 30, [1956] 29 ITR 165 (RAJ), para 8, observed: “Lineal consanguinity is when two persons are connected in one straight line, whether descending or ascending, drawn from the propositus. Where the line is descending, the persons are lineal descendants. Collateral consanguinity is when two persons are connected by a descending line which is not a straight line.” “In this view of the matter, a son will be a lineal descendant of the mother as well as of his grand-mother Irrespective of whether the mother or the grand-mother can form a line of succession under the Hindu Law. These notions of Hindu Law have not, in our opinion, to be imported in interpreting the words 'lineal descendant'.” Further, reference can be drawn to the Mulla’s Hindu Law, wherein while dealing with the meaning of the term ‘sapinda’ in the context of Hindu Marriage Act, 1955, it is stated that lineal ascendants would include both male and female ascendants of father and mother. -- My comments : "21st Century Law must not have medieval interpretation." [Hindi-English Bilingual List of Relatives for the purpose of 56(2)(x) of Income Tax Act, 1961 https://lnkd.in/dYibrBP3] Taxation Updates (CA Mayur J Sondagar)

View profile for Manish Dafria, graphic

CA by Profession. Academician by Passion

Gifts from Maternal Grand Parents. Amongst the various unsetteled controversies in Income tax of India, one is in respect of gifts received from Maternal Grand Parents (Nana, Nani). There appears to be a big difference of opinion amongst tax professionals as to whether or not Nana/Nani is covered in the definition of Relatives as contained in Explanation to section 56(2)(vii) and accordingly whether gift received by a person from his/her Nana/Nani is chargeable to tax or not so. I am of the clear view that gift received from Maternal Grand Parents is NOT taxable in the hands of receiver. What is the view of other esteemed colleagues? #Tax_Controversies #Taxability_Of_Gifts #Gift_From_Maternal_Grand_Parantes

Nirmal Ghorawat

Chartered Accountant (India)

4mo

"Life is not static and so the law cannot afford to be static." Justice. R.C. Lahoti, C. in Kailash Chand v. Dharam Dass, (2005) 5 SCC 375, 13 via @CA Abhishek Rajaram

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Manish Dafria

CA by Profession. Academician by Passion

4mo

Thank you Nirmal Ghorawat . Since long I was looking for some case law on this point.

Sagarmal Pareek

Partner in a medium sized CA Firm named Sarda & Pareek,Chartered Accountants

4mo

Legally correct view.

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