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Income Tax

Gift of property in pursuance of family arrangement cannot be taxed

Case Law Details

Case Name
Mrs. Jyoti Rakesh Kapoor Vs Income Tax Officer (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2013-14
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Mrs. Jyoti Rakesh Kapoor Vs ITO (ITAT Mumbai) Assessee has gifted her 50% share in the property in favour of her brother in law in pursuance of family arrangement between the family members for acquiring separate property for each family member. The said transactions cannot be considered as transfer within the definition of section 2(47) of the Income Tax Act, 1961. Although the assessee has received cash gift of Rs.68,50,000/- from the person who received gift from the assessee, such an arrangement is as per the family settlement between the members. Therefore, the AO was erred in bringing th...
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