Income Tax Department opposes same-sex couple’s plea for tax exemption on gifts

The Indian Income Tax Department has formally opposed a legal challenge by a same-sex couple seeking tax exemptions on gifts typically reserved for spouses. The department argues that because Indian marriage laws do not recognize same-sex unions, the Income Tax Act cannot unilaterally redefine 'spouse' to include them.
The Income Tax Department has filed an affidavit before the Bombay High Court opposing a plea by a same-sex couple challenging Section 56(2)(x) of the Income Tax Act, which grants exemption from tax on gifts between spouses, and seeking to extend the benefit to their relationship.
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