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Issue ID: 113732
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Lineal ascendant of spouse - Gift category

Date 12 May 2018
Replies2 Replies
Views 1765 Views
Asked by
Lineal ascendant of spouse includes both maternal and paternal lineal relatives under the relative definition.
The operative definition treats "relative" as including any lineal ascendant or descendant of the spouse; read in plain language, "lineal ascendant of the spouse" encompasses ascendants on both maternal and paternal sides, so both are included for the gift category definition under the income tax framework. (AI Summary)

As per income tax rule in Lineal ascendant of spouse category only parental side is consider or maternal side is also consider.

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Replied on May 12, 2018
1.

As per IT act 1961under section 56(2)(vii)
Relative includes,any lineal ascendant or descendant of the spouse of the individual;
In this act whether lineal ascendant relating to maternal or paternal (both) side are to be considered or only paternal side is to be considered.

Kindly advise...........

Thanks

Like 0
Replied on May 12, 2018
2.

In my view, according to the language used,both sides may be considered.

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