9911796707
TMI Blog2024 (11) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... Act that a relative would also include a brother or sister of either of the parents of the individual. In this case, the donor is the brother of the petitioner s father and therefore, is covered under the said clause. The fact that the word nephew has not been mentioned cannot be a reason for proceeding on the basis that uncle or nephew are not relatives within the meaning of explanation (e) to proviso to Section 56(2)(vii) of the Act. The impugned order as well as the notice is set aside. - HON'BLE MR. JUSTICE VIBHU BAKHRU AND HON'BLE MS. JUSTICE SWARANA KANTA SHARMA For the Petitioner: Mr. K.R. Manjani Mr. Tarun Aswani, Advs For the Respondent: Counsel for the respondent (appearance not given) ORDER 1. Issue notice. 2. The learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ative would also include the donor (Mr. Harish Kumar) as he is the brother of the petitioner s father. 7. The assessing officer rejected the said contention in terms of the impugned order. The Assessing Officer noted the definition of expression relatives under explanation (e) to proviso to Section 56(2)(vii) of the Act and held that since the word nephew is not mentioned in the definition of a relative , the gift received by nephew from his uncle would be taxable in the hand of donee. Paragraph 4 of the impugned order which also refers to the definition of the term relative is reproduced below: 4. In response, the assessee filed reply on 21.08.2024 stating that under definition of relatives given in clause (e) of sec.56(2)(vii), brother of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in form of an asset as immovable property acquired through gift . Thus, the assessee s case is covered under provisions of section 149(1)(b) of the Act, accordingly, it is concluded to be fit case for issuing notice u/s 148 of the Act for the A.Y. 2018-19. 8. It is clear from the plain language of explanation (e) to proviso to Section 56(2)(vii) of the Act that a relative would also include a brother or sister of either of the parents of the individual. In this case, the donor is the brother of the petitioner s father and therefore, is covered under the said clause. The fact that the word nephew has not been mentioned cannot be a reason for proceeding on the basis that uncle or nephew are not relatives within the meaning of explanation ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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