enlarge the definition
of relative in so as it relates to HUF and not
to restrict its definition. You have also
referred to notes ... that
a gift received from relative, irrespective of
whether it is from an individual relative or
from group of relatives is exempt from tax
under
outset, referring to definition of 'family member(s)' under
Clause 2(m) and definition of 'relative' under Clause ... profitable to reproduce
the definition of 'family member(s)' under Clause 2(m) and the definition of
'relative' under Clause
relative' in the Explanation refers to the relatives of the individual and not HUF,
with the result that the exemption of gift from relatives ... gift received from "relative", irrespective of
whether it is from an individual relative or from a group of relatives is
exempt from
members is a relative or a group of relatives giving gifts to another eligible
relatives. He further contended that the definition of relative ... that view of the
matter, the word relative includes 'relatives' and such 'relatives' coming
together as a group and constituting themselves
definition is a hard and fast definition and no other
meaning can be assigned to the expression than is put down in
definition.
16. Since ... other entities mentioned
in the said definition. In the definition, it was made clear that other
matters relating to execution of any of the said
with the assessee or the persons who fall under the
definition of relative as mentioned in proviso to Explanation ... that in
case of HUF, any member thereof falls in the definition of relative, as
the shares allotted to the assessee to the extent
primarily concerned with the explanation of the definition "near relation". Before the amendment, the disqualification applied only
if that person who seeks ... introduced only for the purpose of transparency and the definition of near relation is neither rigorous nor arbitrary. The learned Advocate General also submitted that
lose their identity as relative and such group of
relative, who are member of HUF clearly falls within the definition of term
'relative ... gift
received from "relative", irrespective of whether it is from an individual relative or
from a group of relatives is exempt from
overlooking the provision of Sec.56(2)(v) of the Act relating to definition of
relative which is exclusive."
3. We have heard rival ... because assessee being member of HUF comes within the definition 'relative', as
provided in Explanation
case of individual, the HUF
has not been included in the definition of relative in explanation to section ... ITAT holding that HUF per se is not covered in
the definition of relative u/s. 56(2)(vii) of the Act and therefore gifts
