Just a moment...

Top
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Gifts received during marriage celebrations not taxable under section 56(2)(vii) despite delayed bank credit

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ITAT allowed the appeal and deleted additions made under section 56(2)(vii) regarding gifts received after marriage. The assessee received monetary gifts through cheques given during marriage celebrations, but amounts were credited to bank accounts 10-15 days later due to clearing processes. The AO treated these as taxable gifts since credit occurred post-marriage. ITAT held that the expression "on the occasion of marriage" in proviso to section 56(2)(vii) cannot be restrictively interpreted. The tribunal emphasized that when gifts are associated with marriage events, the causal relationship between gift and marriage is determinative, not the timing of account credit. ITAT found the revenue authorities' observations were conjectural without.........