2020 (2) TMI 486

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..... eeds 50,000, the whole of the aggregate value is liable to be treated as income under the head income from other sources . The Fourth Proviso thereunder provides for the exemptions. Clause (a) talks of any amount received from a relative, Clause (c) talks of any amount under the Will or by way of inheritance. For the purpose of Clause (a) of the Fourth Proviso, relative has been defined in expl .....

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..... ITA No.2219/Chny/2019 (Assessment Year: 2014-15) - - - Dated:- 3-12-2019 - SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER Appellant by: Mr. T. Banusekar, C.A. Respondent by: Ms. R. Anita, JCIT ORDER PER GEORGE MATHAN, JUDICIAL MEMBER: This is an appeal filed by the Assessee against the order of the learned Commissioner of Income Tax (Appeal .....

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..... g dated 15th September, 2009 executed on 26.08.2013 that Ms. Cynthia Chellappa, the God-daughter residing in India is given the legacy of Swiss Francs of 50,000. The learned Authorized Representative also placed before us the copy of the Decree by Cantonal Tax Office Zurich in respect of the inheritance tax paid by the assessee Ms. Cynthia Chellappa in respect of the legacy received of 50,000 Swis .....

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..... amount received through a Will is exempted. It was a submission that the learned CIT(A) did not consider the explanation of the assessee and had dismissed the assessee s claim. 4. In reply, the learned Departmental Representative supported the order of the learned Assessing Officer and the learned CIT(A). 5. We have considered the rival submission and perused the materials available on reco .....

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..... ance in Clause (c) clearly shows that the Will need not be a Will of a relative. Further, a Will is not given any restrictive meaning in the Explanation under the said Proviso either. This being so, we are of the view that the amount received by the assessee as a legacy through the Will of Mrs. Eva Maria Schnelder-Boog of an amount of 50,000 Swiss Francs, under no circumstances, can be brought .....

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