Hello Ramalingam Sir, My brother lost huge amount in stock trading. He has to sell his house, gold and other assets to repay the loans. Still, he has huge debt to be cleared. i kept on supporting him from long back. i supported small amounts to him multiple times. Now, he needs around 15L to clear his debts and i decided to give that amount considering his family and kids. In his childhood my brother supported my parents financially. Considering all these, i decide to help him by giving these amount to clear his debts. Can i transfer these 15L to his account through NEFT or RTGS? will these be taxable? these 15L are out of savings from my salary and my wife salary. Thanks.

Ans: Dear Amit,

You can absolutely transfer the entire amount of Rs. 20 lakhs from your father's PPF account and Rs. 7.90 lakhs from his FD to your mother's account through RTGS. Since your father was a regular Income Tax payer and had filed all his IT returns up to FY 2021-22, there should be no issues related to the legitimacy of the funds being transferred.

However, to ensure a hassle-free experience with the Income Tax Department in the future, I recommend taking the following steps:

Keep a record of the source of the funds, i.e., the PPF account and FD account details, as well as any supporting documents like your father's death certificate, nominee declaration, and bank statements.
When your mother files her Income Tax return for the relevant financial year, make sure to disclose these amounts as gifts received from you, her son, as gifts received from relatives are exempt from tax. You can provide the details of the source of funds and the reason for the transfer (i.e., inheritance) in the notes section of her return, if applicable.
If your mother earns any interest or income from these amounts, she should include that in her taxable income and pay the applicable taxes.
It would be helpful to consult a tax professional to ensure that all the necessary documentation and disclosures are made properly in both your and your mother's tax returns.
By following these steps, you should be able to avoid any queries or issues from the Income Tax Department regarding the transfer of funds from your account to your mother's account.

I hope this helps.

Take care.

Ans: As per Income tax provisions, if father transfer funds to son as gift; it will not be treated as Income and it is advisable to execute gift deed for the same. Further, for creation of FD in the name of father, payment is required to be done from bank account of father.

With reference to amount received as legal hair, son is required to pay tax on Interest income accrued after the date of death.

Ans: 01. Please refer to the notice you received from IT department. Act accordingly.
02. Henceforth, file your Income Tax Returns on regular basis, whether income is more or less.
ADDITIONAL INPUT :
This is a case of WRONG PLANNING & UN-NECESSARILY AVOIDING TAX LIABILITY. Needs corrective measures.
03. Cheque bounce case should also be filed. Please note that Cheque bounce in case of sale of property may lead to cancellation of Sale Deed, if cheque numbers have been mentioned in the Registered Deed.
Most welcome for any further clarifications. Thanks.