[Gyanchand M. Bardia v. ITO [2018] 93 taxmann.com 144 (Ahmedabad – Trib.)]

 

The assessee claimed that gift of certain amount received from his Hindu undivided family (HUF) was exempt from tax under section 56(2)(vii). 

 

However, the Assessing Officer held that the term ‘relative’ in Explanation (e) to Section 56(2)(vii) does not include HUF as donor and, therefore, added the impugned amount to assessee’s income under Section 68.

 

On further appeal, the Tribunal held in favour of revenue that as per Explanation to Section 56(2)(vii) members of an HUF are its relatives. Therefore, if HUF receives any sum from any of its member, such sum shall not be chargeable to tax. 

 

However, in vice-versa cases when member receives any sum from the HUF, same would be chargeable to tax as the term ‘relatives’ defined under said Explanation does not include HUF as a relative of such individual. 

 

The legislative intent is very clear that an HUF is not to be taken as a donor in case of an individual recipient. 

 

Thus, the assessee’s plea of having received a valid gift from his HUF was rightly declined and impugned addition was to be upheld.