2025 (3) TMI 1121 - AT - Income Tax

Addition u/s. 56(2)(vii)(b) - donor and donee were not relatives Step brother sister and therefore the receipt of the property gifted without consideration was chargeable to tax - whether the gift given by step sister to a step brother falls within the definition of relative as given by Section 56 (2) ? - HELD THAT - As per the Dictionary meaning of the term relative it includes a person related by affinity which means the connection existing in consequence of marriage between each of the married persons and the kindred of the other. If the aforesaid Dictionary meaning is to be referred and relied upon then the term relative would include step brother and step sister by affinity. If the term brother and sister of the individual has not been defined under the Income Tax Act then the meaning defined in common law has to be adopted and in absence of any other negative covenant under the Act in our view brother and sister should also include step brother and step sister who by virtue of marriage of their parents have become brother and sister. Accordingly we hold that gift given by step sister to a step brother falls within the definition of relative that is they are to treated as brother and sister as per Section 56(2)(vii) and consequently property received by brother from sister cannot be taxed u/s. 56(2). Accordingly the claim of the assessee is exempt from being taxed as income from other sources is accepted and accordingly the addition made by the ld. AO is deleted. Decided in favour of assessee.

ISSUES PRESENTED and CONSIDERED

The core legal questions considered in this judgment are:

Whether the reopening of the assessment under Section 148 of the Income Tax Act was valid.
Whether the gift of property from Ms. Vidhie Mukerjea to Mr. Rabin Arup Mukerjea qualifies as a gift from a "relative" under Section 56(2)(vii) of the Act, thereby exempting it from being taxed as income from other sources.

ISSUE-WISE DETAILED ANALYSIS

1. Reopening of Assessment under Section 148

Relevant Legal Framework and Precedents: Section 147 of the Income Tax Act allows for the reopening of assessments if the Assessing Officer (AO) has reasons to believe that income chargeable to tax has escaped assessment. Section 148 provides the procedural mechanism for such reopening.
Court's Interpretation and Reasoning: The AO believed that the income had escaped assessment due to the non-disclosure of the gift as taxable income, based on the interpretation that the donor and donee were not "relatives" under the Act.
Key Evidence and Findings: The AO relied on the family relationship between the donor and donee, asserting they were not biological siblings and thus not "relatives" as per Section 56(2).
Application of Law to Facts: The AO's decision to reopen was based on the belief that the gift was taxable as the donor and donee were not covered under the definition of "relative."
Treatment of Competing Arguments: The assessee argued that step siblings should be considered "relatives" under the Act, challenging the AO's interpretation.
Conclusions: The Tribunal did not focus on the validity of reopening since the primary issue was resolved on merits, rendering the reopening issue academic.

2. Definition of "Relative" under Section 56(2)(vii)

Relevant Legal Framework and Precedents: Section 56(2)(vii) of the Income Tax Act defines "relative" for the purpose of exemptions on gifts. The term includes "brother or sister of the individual."
Court's Interpretation and Reasoning: The Tribunal examined whether "step brother and step sister" fall within the definition of "brother and sister" under the Act. It considered dictionary meanings and interpretations from other statutes where step relations are recognized.
Key Evidence and Findings: The familial relationship was established through marriage alliances, making the donor and donee step siblings.
Application of Law to Facts: The Tribunal applied the broader interpretation of "relative" to include step siblings, drawing from definitions in other legal contexts and common law principles.
Treatment of Competing Arguments: The Revenue argued that the term "relative" should be narrowly interpreted to exclude step siblings. The assessee contended that common law and other statutory definitions should influence the interpretation.
Conclusions: The Tribunal concluded that step siblings are "relatives" under Section 56(2)(vii), and the gift was exempt from taxation.

SIGNIFICANT HOLDINGS

Verbatim Quotes of Crucial Legal Reasoning: "Accordingly, we hold that gift given by step sister, i.e., Ms. Vidhie Mukerjea to a step brother, i.e., Mr. Rabin Arup Mukerjea falls within the definition of 'relative', that is, they are to be treated as brother and sister as per Section 56(2)(vii) and consequently, property received by brother from sister cannot be taxed u/s. 56(2)."
Core Principles Established: The interpretation of "relative" under Section 56(2)(vii) includes step siblings by virtue of affinity, recognizing the broader familial bonds created by marriage.
Final Determinations on Each Issue: The Tribunal allowed the appeal on merits, holding the gift exempt from taxation under Section 56(2)(vii). The issue of reopening was deemed academic and not addressed substantively.