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Gift from Brother-in-Law Not Taxable despite absence of deed: ITAT Kolkata

Case Law Details

Case Name
Deb Prasanna Choudhury Vs ADIT/DCIT (ITAT Kolkata)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2012-13
Advertisement Deb Prasanna Choudhury Vs ADIT/DCIT (ITAT Kolkata) No Requirement of a Gift Deed for Gifts Received from Relatives to Claim Exemption Under Section 56 of the Income Tax Act The Income Tax Appellate Tribunal (ITAT) Kolkata Bench delivered its order on 4 November 2025 in an appeal filed by an individual taxpayer against the order of the Commissioner of Income Tax (Appeals)-22, Kolkata, dated 13 May 2024, for the Assessment Year 2012–13. The appeal challenged the addition of ₹80 lakh as taxable income under Section 56(2)(vii) of the Income Tax Act, 1961, arising from a gift r...
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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 18,554

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1 Comment
  1. For the purpose of section 56 there is no need or requirement of any gift deed, espceiilly when it is from a relatie

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