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Income Tax - Highlights / Catch Notes

Home Highlights August 2024 Year 2024 This

Non-resident Indian donor gifted funds to assessee through ...


Gift from NRI relative through NRE account proved genuine, taxed incorrectly. Double taxation of interest income.

Case Laws     Income Tax

August 20, 2024

Non-resident Indian donor gifted funds to assessee through cheques from NRE account, proving identity, creditworthiness, and genuineness. Assessing Officer made addition to assessee's income by treating gift as income, which was incorrect as gift from relative is not taxable. Interest income from other sources was also doubly added by AO while processing return, leading to double taxation. ITAT directed AO to delete both additions as gift was genuine and interest income was already included in return, allowing assessee's appeals on both grounds.

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