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Introduction:
The author in this article has analyzed the provisions of the various Acts with regard to the definition of a relative. A comparative analysis has been done among the definitions provided under:
- Companies Act, 2013
- Income Tax Act, 1961
- Accounting Standards
- Goods & Service Tax Tax Act, 2017
Analysis:
Comparative chart of the definition of a relative under above mentioned acts is as under:
S. No. |
Relative |
Companies Act |
Income Tax Act |
Accounting Standard |
GST |
||
2(77) |
2(41) |
56(2)(vii) |
AS -18 |
Ind AS -24 |
|||
1 |
Husband/ Wife/ Spouse |
Covered |
Covered |
Covered |
Covered |
Covered |
Covered |
2 |
Father |
Covered |
Covered (Lineal Ascendant) |
Covered (Lineal Ascendant) |
Covered |
Not Covered |
Covered (If dependent) |
3 |
Step Father |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
4 |
Mother |
Covered |
Covered (Lineal Ascendant) |
Covered (Lineal Ascendant) |
Covered |
Not Covered |
Covered (If dependent) |
5 |
Step Mother |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
6 |
Son |
Covered |
Covered (Lineal Descendant) |
Covered (Lineal Descendant) |
Covered |
Not Covered |
Covered |
7 |
Step Son |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
8 |
Daughter |
Covered |
Covered (Lineal Descendant) |
Covered (Lineal Descendant) |
Covered |
Not Covered |
Covered |
9 |
Step Daughter |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
10 |
Brother |
Covered |
Covered |
Covered |
Covered |
Not Covered |
Covered (If dependent) |
11 |
Step Brother |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
12 |
Sister |
Covered |
Covered |
Covered |
Covered |
Not Covered |
Covered (If dependent) |
13 |
Step Sister |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
14 |
Son’s Wife |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
15 |
Daughter’s Husband |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
16 |
Member of a HUF |
Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
17 |
Grandson |
Not Covered |
Covered (Lineal Descendant) |
Covered (Lineal Descendant) |
Not Covered |
Not Covered |
Not Covered |
18 |
Grand Daughter |
Not Covered |
Covered (Lineal Descendant) |
Covered (Lineal Descendant) |
Not Covered |
Not Covered |
Not Covered |
19 |
Grand Father |
Not Covered |
Covered (Lineal Ascendant) |
Covered (Lineal Ascendant) |
Not Covered |
Not Covered |
Not Covered |
20 |
Grand Mother |
Not Covered |
Covered (Lineal Ascendant) |
Covered (Lineal Ascendant) |
Not Covered |
Not Covered |
Not Covered |
21 |
Liner Ascendant/ Descendant of Spouse (Including their Spouse) |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
22 |
Spouse’s Brother/Sister |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
23 |
Spouse of Liner Ascendant |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
24 |
Spouse of Liner Descendant |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
25 |
Spouse of Spouse’s Brother/ Sister |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
26 |
Spouse of Brother/ Sister of the Individual |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
27 |
Parent’s Brother Sister |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
28 |
Spouse of parent’s Brother Sister |
Not Covered |
Not Covered |
Covered |
Not Covered |
Not Covered |
Not Covered |
29 |
Dependent of Individual/ Spouse |
Not Covered |
Not Covered |
Not Covered |
Not Covered |
Covered |
Not Covered |
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Whether Mother’s father, ie, Nanaji is my lienal ascendent?
Dear Sir,
As per the Income Tax Act, the spouse of the linear ascendant or descendant is covered in the definition of the relative.
Excellent analysis , whole heartedly appreciated
Thanks
CA.Dr.Rajendrakumar Jain
why step father, step mother, step son, step daughter were not covered under sec 56 (2)vii explanation (e) line item no (G),(F)
Please explain point no 14/15 and 21 under section 56
All in one good compilation.