Examine whether the following are chargeable to tax in the hands of Mrs. Nitu and the amount liable to tax for the assessment year 2025-26: (i) On…
CA Intermediate · Taxation · PYQS · January 2026
Examine whether the following are chargeable to tax in the hands of Mrs. Nitu and the amount liable to tax for the assessment year 2025-26: (i) On the day of her marriage, Mrs. Nitu received gifts totalling - 5,40,000, out of which - 60,000 was received from non-relatives. (ii) On 01.11.2024, Mrs. Nitu entered into an agreement to acquire a vacant land from her friend for 25 lakh. The applicable stamp duty value (SDV) fixed by the authority was 30 lakh. As per the terms of payment, 2% of the sale consideration was paid through an account payee cheque on the date of the agreement, and the remaining 98% was paid on registration. On 15.12.2024, the date of actual registration, the SDV was enhanced to 33 lakh by the authority. (iii) Mrs. Nitu gifted 4 lakh on 1st September, 2024 to her husband Mr. Aman, to invest in the business. Mr. Aman started business with a capital of 12 lakh (including the amount gifted by his wife) and earned a profit of 5 lakh from this business during the financial year 2024-25.
Suggested Answer and Working Notes:
(b) Amount liable to tax in the hands of Mrs. Nitu for A.Y. 2025-26 Amount (₹) (i) Gifts received on marriage The amount of 5,40,000 received by Mrs. Nitu from relatives and non-relatives is not taxable under section 56(2) (x) since such gifts are received on her marriage. (ii) The difference between stamp duty value on the date of agreement and actual consideration 5,00,000 The difference between stamp duty value on the date of agreement of 30lakhs and actual consideration of 25lakhs is taxable under section 56(2) (x) since the difference exceeds - 2,50,000, being the higher of 50,000 and 10% of consideration. Stamp duty value on the date of agreement is considered since part payment i.e., 2% of sale consideration was paid through account payee cheque on the date of agreement. (iii) Profit from business of Mr. Aman 1,66,667 Since the amount of 12lakhs invested in the business by Mr. Aman includes 4lakhs gifted by Mrs. Nitu, the proportionate profit attributable to such gifted amount, computed by taking such investment as on the first day of the previous year i.e., on 1st September 2024 to total investment in the business, is to be included in the income of Mrs. Nitu [5lakhs x 4 lakhs/12 lakhs]
Topics: Paper 3A: Income Tax Laws
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