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Centre Opposes Tax Exemption for Gifts Between Same-Sex Partners (Source: Indian Express)

Context

The Union government has opposed a petition seeking income-tax exemption for gifts exchanged between same-sex partners. It argued that the term “relative” under the Income Tax Act is based on legally recognised marriage and family relationships.

Section 56(2)(x): Taxation of Same-Sex Partner Gifts

Explanation

  • Under Section 56(2)(x) of the Income Tax Act, 1961, gifts exceeding ₹50,000 may be taxed as income from other sources.
  • Gifts received from a legally defined relative are exempt from such taxation.
  • “Relative” includes a spouse and specified blood or marital relations.
  • The petitioners argue that excluding same-sex partners from this exemption violates Articles 14 and 15.
  • The Centre maintains that marriage and family status must be legally verifiable.
  • The issue involves equality, non-discrimination, taxation and legal recognition of relationships.

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