Question And Answer
Subject: gift to nephews
Querist: bs
Answered by:
Date: April 29, 2023
Query asked by bs

a firm has 2 partners who are real brothers . They wish to gift a depreciated office of the  firm to first  son of third brother  and non depreciated building of the firm to another son of 3rd bro,

firm has running business too for the existing partners .

Any tax liability  any other section like 56 [2]/45 etc in the hands of firm, partners and  2 sons of 3rd brother ?

can firm give gift as above ?



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The firm is a separate entity under the Scheme Income-tax Act, 1961, transfer from the firm to the third parties will attract section 56(2)(x) of the Act in the hands of the recipient.

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