Bare ActsThe Gift-tax Act, 1958

Section 12

Clause (xiv) omitted by 23 of 1986, s

Amendment status not verified — confirm the current text below against the official source.

Clause (xiv) omitted by 23 of 1986, s. 42 (w.e.f. 1-4-1987). 13 (xv) to any person in charge of any such Bhoodan or Sampattidan movement as the Central Government may, by notification in the Official Gazette, specify. 1* * * * * 2[(1A) Any reference in clause (v) 3*** of sub-section (1) to charitable purpose in relation to a gift made on or after the 1st day of April, 1964, shall be construed as not including a purpose the whole or substantially the whole of which is of a religious nature.] (2) Without prejudice to the provisions contained in sub-section (1), gift-tax shall not be charged under this Act in respect of gifts made by any person during the previous year, subject to a maximum of rupees 4[thirty thousand] in value. 5* * * * * Explanation.—For the purposes of this section,— (a) an individual shall be deemed to be ordinarily resident in the territories to which this Act extends during the previous year in which the gift is made if during that year he is regarded as a resident but not as not ordinarily resident 6[within the meaning of section 6 of the Income-tax Act, subject to the modification that references in that section to India shall be construed as references to the territories to which this Act extends] ; (b) a Hindu undivided family, firm or other association of persons shall be deemed to be resident in the territories to which this Act extends during any previous year unless, during that year, the control and management of its affairs was situated wholly outside the said territories ; (c) a company shall be deemed to be resident in the territories to which this Act extends during the previous year, if— (i) it is a company formed and registered under the Companies Act, 1956 (1 of 1956), or is an existing company within the meaning of that Act ; or (ii) during that year, the control and management of that company was situated wholly in the said territories ; (d) “gifts made in contemplation of death” has the same meaning as in section 191 of the Indian Succession Act, 1925 (39 of 1925). 7[6. Value of gifts, how determined. — (1) Subject to the provisions of sub-section (2), the value of any property, other than cash, transferred by way of gift shall, for the purpose of this Act, be its value as on the date on which the gift was made and shall be determined in the manner laid down in Schedule II. (2) Where a person makes a gift which is not revocable for a specified period, the value of the property gifted shall be the capitalised value of the income from such property during the period for which the gift is not revocable.]

Section 12 – The Gift-tax Act, 1958 | DailyLaw.ai