Ms. Priya, a person of Indian origin and a citizen of Canada, got married to Mr. Aaron, an Indian citizen residing in Canada, on 24th January 2024.…
CA Intermediate · Taxation · MTP · September 2025
Ms. Priya, a person of Indian origin and a citizen of Canada, got married to Mr. Aaron, an Indian citizen residing in Canada, on 24th January 2024. She came to India on 25th March 2024 and left for Canada on 10th July 2024. She returned to India with her husband on 24th February 2025 to spend some time with her parents-in-law for 30 days and thereafter returned to Canada. She stayed in India for a total of 400 days during the 4 years preceding the P.Y. 2024-25. During the previous year 2024-25, Priya, while in India, received the following gifts from her husband's relatives and friends: From husband's parents - 1,51,000From husband's sister - 21,000From very close friends of her husband - 16,00,000 Determine Priya's residential status for Assessment Year 2025-26 and compute her total income and tax liability for that year, assuming she does not opt out of the default tax regime. (6 Marks)
Suggested Answer and Working Notes:
Ms. Priya is a person of Indian origin who has come on a visit to India during the previous year 2024-25. Her total income other than income from foreign sources for the A.Y. 2025-26 is as below: Computation of total income other than income from foreign sources of Priya for the A.Y. 2025-26 Particulars ₹ Income from other sources Cash gifts received from non-relatives is chargeable to tax as per section 56(2)(x) if the aggregate value of such gifts exceeds - 50,000. -1,51,000 received from parents of husband would be exempt, since husband's parents fall within the definition of 'relatives' and gifts from a relative are not chargeable to tax. Nil -21,000 received from sister-in-law is exempt, since sister of husband falls within the definition of relative and gifts from a relative are not chargeable to tax. Nil - Gift received from close friends of her husband of 16,00,000 is taxable under section 56(2)(x) since the amount of cash gifts exceeds - 50,000. 16,00,000 Total Income other than income from foreign sources 16,00,000 Since her total income other than income from foreign sources exceed - 15,00,000, she would be considered a resident of India if she stays in India during the P.Y. 2024-25 for 120 days or more and for 365 days or more during the 4 years immediately preceding the relevant previous year. Her stay in India during the previous year 2024-25 is as under: P.Y. 2024-25 01.04.2024 to 10.07.2024 - 101 days 24.02.2025 to 25.03.2025 - 30 days Total 131 days Since she stayed in India for 131 days during the P.Y. 2024-25 and for 400 days during the 4 years immediately preceding the P.Y. 2024-25, she would be a resident but not ordinarily resident in India for the P.Y. 2024-25. In such case, her total income would be 16lakhs and tax liability would be computed in the following manner: Computation of tax liability of Priya for the A.Y. 2025-26 under default tax regime under section 115BAC Particulars ₹ Tax on total income of 16,00,000 Upto 3,00,000 Nil 3,00,001 - 7,00,000 @5% 20,000 7,00,001 - 10,00,000 @10% 30,000 10,00,001 - 12,00,000 @15% 30,000 12,00,001 -15,00,000 @20% 60,000 15,00,001 - 16,00,000 @ 30% 30,000 1,70,000 Add: Health and Education cess@4% 6,800 Tax liability 1,76,800
Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax
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