Explain the taxability or otherwise of the following transactions entered into during the previous year 2019-20 in the hands of the recipients as per provisions contained under the Income-tax Act, 1961 : (ii) Akshat rece

CS Professional · Advanced Tax Laws · PYQS · December 2020
Explain the taxability or otherwise of the following transactions entered into during the previous year 2019-20 in the hands of the recipients as per provisions contained under the Income-tax Act, 1961 : (ii) Akshat received 1000 shares as a gift of ATOZ Ltd having face value of ₹10 each from his friend on the occasion of his 25th marriage anniversary. The fair market value on the date of gift of the shares of ATOZ Ltd was of ₹100 per share. He also received a car from his nephew on the same day and the fair market value of the car on the date of gift was assessed at ₹5,25,000.

Answer & Explanation:

S. No. Taxable or Non-taxable Amount liable to Tax (₹) Reasons as per provisions of Income tax Act, 1961 as to Taxability or Non-Taxability ii) Taxable 1,00,000 As per provisions of section 56(2)(x) of the Income tax Act, 1961, in case the aggregate fair market value of property, other than immovable property, received without consideration exceeds ₹ 50,000 the whole of the aggregate value shall be taxable. In this case, the aggregate fair market value of shares (1000 x 100 = ₹ 1,00,000) exceeds ₹ 50,000. Hence the entire amount of ₹ 1,00,000 shall be taxable. Since, Car is not included in the definition of property for the purpose of section 56(2)(x) of the Income tax Act, 1961, therefore, the value of same of ₹ 5,25,000 shall not be taxable.

Topics: Income Tax Act

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