Categories: Corporate Law

Meaning of relative under different act

As per section 2(41) of the income tax act

“Relative”, in relation to an individual, means the husband, wife, brother or sister or any lineal ascendant or descendant of that individual ;

As per sec 56 of income Tax Act

As per the Income-tax act, the term “relatives” is described in detail. As gift received in the form of cash, cheque, or good from your relative is fully exempt from tax. So if you receive gift money from any of your relatives listed below, you are not liable to pay any tax on the same.

Gift received from a relative is not taxable in hands of recipients under section 56 of Income Tax Act.

The persons who are considered as relatives are

In the case of individual

  1. Spouse of the individual
  2. Brother or sister of the individual
  3. The Brother or sister of the spouse of the individual
  4. Brother or sister of either of the parents of the individual
  5. Any lineal ascendant or descendant of the individual
  6. The spouse of the person referred to in the above points
  7. Any lineal ascendant or descendant of the spouse of the individual

Details list of Relative U/s 56(2) of Income-tax Act:

Sr no. Relative Covered under
1. Husband/wife Clause(i)
2. Brother and his wife Clause(ii)with(vii)
3. Sister and her husband Clause(ii)with(vii)
4. Wife’s bro. and his wife Clause(iii)with(vii)
5. Wife’s sister and her husband Clause(iii)with(vii)
6. Kaka – Kaki Clause(iv)with(vii)
7. Fua – Foi Clause(iv)with(vii)
8. Mama – Mami Clause(iv)with(vii)
9. Masa – Masi Clause(iv)with(vii)
10. Father – Mother Clause(v)with(vii)
11. Grandfather – Grandmother Clause(v)with(vii)
12. Son and his wife Clause(v)with(vii)
13. Daughter and her Husband Clause(v)with(vii)
14. Father in Law and Mother in Law Clause(vi)with(vii)
15. Grand Father in Law (GFIL) and Grand Mother in Law (GMIL) Clause(vi)with(vii)

The graphic display below as List of Relatives covered U/s 56(2) of Income Tax act

In the case of HUF – Any member of the HUF

As per section 2(77) of the company act

A person shall be deemed to be a relative of another if,-

(a) They are members of a Hindu undivided family; or

(b)They are husband and wife; or

c) The one is related to the other in the manner indicated below

Sr.no Company`s act 2013
1 Father(including stepfather)
2 Mother(including stepmother)
3 Son(including step-son)
4 Son`s wife
5 Daughter
6 Daughter`s husband
7 Brother(including step-brother)
8 Sister(including step sisters)

Relationship Sec-2(41) of the income tax act Sec-56(2) –gift Sec-2(77) –foreign exchange management act
Spouse

 

Yes Yes Yes
Parents( father/mother) Yes Yes Yes
Brother /sisters Yes Yes Yes
Son/daughter Yes Yes Yes
Spouse of brother/sister No Yes No
Spouse of son/daughter No Yes Yes
Parent`s brother/sisters

and their spouse

No Yes No

 

Spouse`s brother /sister

and their spouse

No Yes No
Grand-Parents and

Grand Children

Yes Yes No
Spouse of Grand-

Children

No Yes No
Great-Grand-Parents

and Great-Grand-

Children

Yes Yes No
Spouse’s Parents,

Grand-Parents

and Great-Grand-

Parents

No Yes no

WHO IS YOUR RELATIVE

The comparison graph of the definition of a relative under the acts referred to above is as follows:

S. No. Relative GST Act IBC Act Companies Act Accounting Standard Income Tax Act
2(77) AS -18 Ind AS -24 2(41) 56(2)(vii)
1 Grandson Not Covered Covered (Lineal Descendant) Not Covered Not Covered Not Covered Covered (Lineal Descendant) Covered (Lineal Descendant)
2 Grand Daughter Not Covered Covered (Lineal Descendant) Not Covered Not Covered Not Covered Covered (Lineal Descendant) Covered (Lineal Descendant)
3 Grand Father Not Covered Covered (Lineal Ascendant) Not Covered Not Covered Not Covered Covered (Lineal Ascendant) Covered (Lineal Ascendant)
4 Grand Mother Not Covered Covered (Lineal Ascendant) Not Covered Not Covered Not Covered Covered (Lineal Ascendant) Covered (Lineal Ascendant)
5 Father Covered (If dependent) Covered (Lineal Ascendant) Covered Covered Not Covered Covered (Lineal Ascendant) Covered (Lineal Ascendant)
6 Step Father Not Covered Not Covered Covered Not Covered Not Covered Not Covered Not Covered
7 Mother Covered (If dependent) Covered (Lineal Ascendant) Covered Covered Not Covered Covered (Lineal Ascendant) Covered (Lineal Ascendant)
8 Son Covered Covered (Lineal Descendant) Covered Covered Not Covered Covered (Lineal Descendant) Covered (Lineal Descendant)
9 Daughter Covered Covered (Lineal Descendant) Covered Covered Not Covered Covered (Lineal Descendant) Covered (Lineal Descendant)
10 Step Son Not Covered Not Covered Covered Not Covered Not Covered Not Covered Not Covered
11 Brother Covered (If dependent) Covered Covered Covered Not Covered Covered Covered
12 Step Daughter Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered Not Covered
13 Step Mother Not Covered Not Covered Covered Not Covered Not Covered Not Covered Not Covered
14 Step Sister Not Covered Not Covered Covered Not Covered Not Covered Not Covered Not Covered
15 Son’s Wife Not Covered Not Covered Covered Not Covered Not Covered Not Covered Not Covered
16 Sister Covered (If dependent) Covered Covered Covered Not Covered Covered Covered
17 Step Brother Not Covered Not Covered Covered Not Covered Not Covered Not Covered Not Covered
18 Husband/ Wife/ Spouse Covered Covered Covered Covered Covered Covered Covered
19 Daughter’s Husband Not Covered Not Covered Covered Not Covered Not Covered Not Covered Not Covered
21 Member of a HUF Not Covered Not Covered Covered Not Covered Not Covered Not Covered Not Covered
22 Spouse’s Brother/Sister Not Covered Covered Not Covered Not Covered Not Covered Not Covered Covered
23 Liner Ascendant/ Descendant of Spouse (Including their Spouse) Not Covered Covered Not Covered Not Covered Not Covered Not Covered Covered
24 Spouse of Liner Descendant Not Covered Covered Not Covered Not Covered Not Covered Not Covered Covered
25 Spouse of Liner Ascendant Not Covered Covered Not Covered Not Covered Not Covered Not Covered Covered
26 Spouse of Brother/ Sister of the Individual Not Covered Covered Not Covered Not Covered Not Covered Not Covered Covered
27 Spouse of Spouse’s Brother/ Sister Not Covered Covered Not Covered Not Covered Not Covered Not Covered Covered
28 Spouse of parent’s Brother Sister Not Covered Covered Not Covered Not Covered Not Covered Not Covered Covered
29 Parent’s Brother Sister Not Covered Covered Not Covered Not Covered Not Covered Not Covered Covered
30 Dependent of Individual/ Spouse Not Covered Not Covered Not Covered Not Covered Covered Not Covered Not Covered

Related Persons as specified in GST law Regulatory Framework

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