Who is an assessee?
Extract of sec 2(7)(a)
Assessee means a person by whom any tax or any other sum of money is payable under this Act, and includes
every person in respect of whom any proceeding under this Act has been taken for the assessment of HIS income or
of the Income of any other person in respect of which he is assessable
or of the loss sustained by him or by such other person
or of the amount of refund due to him or to such other person
Objectives & Agenda :
Chapter XXII of the Income-tax Act, 1961 discusses various Offences under the Income-tax Act and the applicable Prosecutions for such offences. These provisions act as a tool for enabling the Income-tax Officers to effectively enforce Income-tax laws, to deter tax avoidance and evasion and to punish wilful defaulters.
Sections Covered: 275A - 280D
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Objectives & Agenda :
Chapter XXII of the Income-tax Act, 1961 discusses various Offences under the Income-tax Act and the applicable Prosecutions for such offences. These provisions act as a tool for enabling the Income-tax Officers to effectively enforce Income-tax laws, to deter tax avoidance and evasion and to punish wilful defaulters.
Sections Covered: 275A - 280D
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
What is Agricultural Income ?
Section 2 (1A) of the Income tax Act,1961
Agricultural income means :
Revenue generated through rent or lease of a land in India that is used for agricultural purposes ;
Any income derived from commercial sale of produce gained from an agricultural land
Any income from farm building.
Key points to validly classify an income as “agricultural income”
Income should be from an existent piece of land in India ;
Income should be from a piece of land that is used for agricultural operations ;
Income should stem from produce achieved after cultivation of the land. Cultivation of land is a must ;
Income can be from a land that is not under the assessee’s ownership. i.e. ownership of Land is not essential.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
Under Fundamental Concepts of Income Tax Presentation, Important Definitions under Income Tax Act, Residential Status of the assesses & its tax incidence is covered.
Charge of Income Tax
Income tax is charged in assessment year at rates specified by the Finance Act applicable on 1st April of the relevant assessment year.
It is charged on the total income of every person for the previous year.
Total Income is to be computed as per the provisions of the Act
Income tax is to be deducted at source or paid in advance wherever required under the provision of the Act.
Person u/s 2(31) includes,
An Individual,
Hindu Undivided Family (HUF),
A Company,
A Firm,
An Association of Persons(AOP) or Body of Individuals (BOI),
A Local Authority,
Every other Artificial Juridical Person
Incidence of Tax
Incidence of Tax
Clubbing of Income under Income Tax Act, 1961 with FAQstaxguru5
"Clubbing of income means Income of other person included in assessees total income, for example Income of husband which is shown to be the income of his wife is"
TaxGuru is a platform that provides Updates On Amendments in Income Tax, Wealth Tax, Company Law, Service Tax, RBI, Custom Duty, Corporate Law , Goods and Service Tax etc.
To know more visit https://taxguru.in/income-tax/clubbing-of-income-under-the-income-tax-act-1961.html
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
What is Agricultural Income ?
Section 2 (1A) of the Income tax Act,1961
Agricultural income means :
Revenue generated through rent or lease of a land in India that is used for agricultural purposes ;
Any income derived from commercial sale of produce gained from an agricultural land
Any income from farm building.
Key points to validly classify an income as “agricultural income”
Income should be from an existent piece of land in India ;
Income should be from a piece of land that is used for agricultural operations ;
Income should stem from produce achieved after cultivation of the land. Cultivation of land is a must ;
Income can be from a land that is not under the assessee’s ownership. i.e. ownership of Land is not essential.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
Under Fundamental Concepts of Income Tax Presentation, Important Definitions under Income Tax Act, Residential Status of the assesses & its tax incidence is covered.
Charge of Income Tax
Income tax is charged in assessment year at rates specified by the Finance Act applicable on 1st April of the relevant assessment year.
It is charged on the total income of every person for the previous year.
Total Income is to be computed as per the provisions of the Act
Income tax is to be deducted at source or paid in advance wherever required under the provision of the Act.
Person u/s 2(31) includes,
An Individual,
Hindu Undivided Family (HUF),
A Company,
A Firm,
An Association of Persons(AOP) or Body of Individuals (BOI),
A Local Authority,
Every other Artificial Juridical Person
Incidence of Tax
Incidence of Tax
Clubbing of Income under Income Tax Act, 1961 with FAQstaxguru5
"Clubbing of income means Income of other person included in assessees total income, for example Income of husband which is shown to be the income of his wife is"
TaxGuru is a platform that provides Updates On Amendments in Income Tax, Wealth Tax, Company Law, Service Tax, RBI, Custom Duty, Corporate Law , Goods and Service Tax etc.
To know more visit https://taxguru.in/income-tax/clubbing-of-income-under-the-income-tax-act-1961.html
INCOME TAX- Aggregation of Income/ Clubbing of the income under INCOME TAX ACT,1961
Income of other persons to be included in the income of individual( Section 60-65)
Income received from Firm assessed as Firm And Association of Persons (Section 66-67)
Deemed Income (Section 68-69)
Transfer of Income without Transfer of Assets[Sec. 60]
Revocable Transfer of Assets [Sec. 61]
Objectives & Agenda :
To know the need and relevanve of income tax, its applicability and its commencement date. To understand the meaning of the term "income" and "tax" and additionally the relevant terms in relation to income and taxes. The webinar shall predominantly focus on the basic and fundamental provisions of Income Tax Act, 1961, which is required to further appreciate the subsequent charging and computational provisions.
When can other person’s income be assessed in an assessee’s hand? - T. N. PandeyD Murali ☆
When can other person’s income be assessed in an assessee’s hand? - T. N. Pandey - Article published in Business Advisor, dated January 10, 2017 - http://www.magzter.com/IN/Shrinikethan/Business-Advisor/Business/
S&A Knowledge Series - Important Disallowances under sec 40A income taxDhruv Seth
Please find attached a writeup on disallowances under Sec 40A of the Income Tax Act.
Under this section two of the most violated provisions of the law have been explained in simple terms for easy reading. We believe this would help you with tertiary knowledge to avoid making these common errors.
Transactions with related parties.
Cash Transactions.
This pertains to the GST law specifically for IT organisations. This shall help one to quickly understand the law, the transition provisions, certain dos and donts, and the immediate deliverables.
Similar to Income Of Other Persons, Included In Assesses Total Income (20)
Why to determine Residential Status?
Categorization of Residential Status.
Rules for determining the Residential Status :
Section 6(1) - Rule for determining the Residential Status of an Individual
Section 6(2) - Rule for determining the Residential Status of an HUF, Firm, AOP, BOI
Section 6(3) - Rule for determining the Residential Status of Company
Section 6(4) - Rule for determining the Residential Status of any other person
Glance on Incidence of Tax
Rationale behind the Act
Effective date of new Act
Applicability of the Act
Its size and nature
49 Sections
6 Rules
25 Regulations
Other related matters
In general, Export trade is regulated by the Directorate General of Foreign Trade (DGFT) functioning under the Ministry of Commerce and Industry (MCI) and the exporters are required to follow the policies and procedures announced by the DGFT, from time to time.
Though DGFT is the regulator for Foreign trade in India, RBI being the financial market regulator is responsible for management of foreign exchange, regulator for payment & settlement systems while continuously working towards the development of Indian financial markets.
RBI regulates the foreign exchange markets through Foreign Exchange Management Act, 1999 (herein after referred as FEMA Act)
In exercise of powers conferred by section 7(1)(a), 7(3) & 47(2) of FEMA Act, 1999, RBI has notified Foreign Exchange Management (Export of Goods and Services) Regulations, 2000 (also known as “Export Regulations, 2000”) by notification number 23/2000-RB dated 3rd May 2000 which came into force from 1st June, 2000.
Sa260 communication-with-those-charged-with-governanceAdmin SBS
Meaning
Scope of SA
Role of communication between TCWG and Auditor
Applicability
Auditor’s responsibilities
Matters to be communicated to TCWG
Objectives
Factors affecting forms of communication
Documentation
Guarantee and Bank Guarantee
Scope of Bank Guarantee
Types of Bank Guarantee
Advantages and Disadvantages of Bank Guarantee
Parties to Bank Guarantee
Procedure for applying Bank Guarantee
Audit of Bank Guarantee
Audit objective
Information required
Vouching and Verification
Disclosure requirements of Bank guarantee in Financials
Icds vi effects of changes in foreign exchange ratesAdmin SBS
Introduction of ICDS
Applicability of ICDS
Scope
Terms covered
Classification of Items
Recognition and Measurement
Initial Recognition
Subsequent Recognition
Exchange Differences
Differences between AS-11 and ICDS – VI
Topics to be covered:
Introduction of ICDS
Applicability of ICDS
Scope
Identification of tangible assets
Components of Actual cost
Special cases
Inclusions and Exclusions
Self-constructed tangible fixed asset
Non-monetary consideration
Improvements and Repairs
Joint ownership and Joint cost
Transitional provisions
Differences between ICDS V, AS-10 and Ind-AS-16
Introduction:
Section 11 deals with Income from property held for “Charitable or Religious purposes.”
The income shall be subjected to the provisions of
Section 60 - Transfer of Income where there is no transfer of assets
Section 61 - Revocable Transfer of Assets
Section 62 - Transfer irrevocable for a specified period
BONKMILLON Unleashes Its Bonkers Potential on Solana.pdfcoingabbar
Introducing BONKMILLON - The Most Bonkers Meme Coin Yet
Let's be real for a second – the world of meme coins can feel like a bit of a circus at times. Every other day, there's a new token promising to take you "to the moon" or offering some groundbreaking utility that'll change the game forever. But how many of them actually deliver on that hype?
1. Elemental Economics - Introduction to mining.pdfNeal Brewster
After this first you should: Understand the nature of mining; have an awareness of the industry’s boundaries, corporate structure and size; appreciation the complex motivations and objectives of the industries’ various participants; know how mineral reserves are defined and estimated, and how they evolve over time.
how to sell pi coins in South Korea profitably.DOT TECH
Yes. You can sell your pi network coins in South Korea or any other country, by finding a verified pi merchant
What is a verified pi merchant?
Since pi network is not launched yet on any exchange, the only way you can sell pi coins is by selling to a verified pi merchant, and this is because pi network is not launched yet on any exchange and no pre-sale or ico offerings Is done on pi.
Since there is no pre-sale, the only way exchanges can get pi is by buying from miners. So a pi merchant facilitates these transactions by acting as a bridge for both transactions.
How can i find a pi vendor/merchant?
Well for those who haven't traded with a pi merchant or who don't already have one. I will leave the what'sapp number of my personal pi merchant who i trade pi with.
Message: +12349014282 VIA Whatsapp.
#pi #sell #nigeria #pinetwork #picoins #sellpi #Nigerian #tradepi #pinetworkcoins #sellmypi
how to sell pi coins effectively (from 50 - 100k pi)DOT TECH
Anywhere in the world, including Africa, America, and Europe, you can sell Pi Network Coins online and receive cash through online payment options.
Pi has not yet been launched on any exchange because we are currently using the confined Mainnet. The planned launch date for Pi is June 28, 2026.
Reselling to investors who want to hold until the mainnet launch in 2026 is currently the sole way to sell.
Consequently, right now. All you need to do is select the right pi network provider.
Who is a pi merchant?
An individual who buys coins from miners on the pi network and resells them to investors hoping to hang onto them until the mainnet is launched is known as a pi merchant.
debuts.
I'll provide you the what'sapp number.
+12349014282
when will pi network coin be available on crypto exchange.DOT TECH
There is no set date for when Pi coins will enter the market.
However, the developers are working hard to get them released as soon as possible.
Once they are available, users will be able to exchange other cryptocurrencies for Pi coins on designated exchanges.
But for now the only way to sell your pi coins is through verified pi vendor.
Here is the what'sapp contact of my personal pi vendor
+12349014282
2. Elemental Economics - Mineral demand.pdfNeal Brewster
After this second you should be able to: Explain the main determinants of demand for any mineral product, and their relative importance; recognise and explain how demand for any product is likely to change with economic activity; recognise and explain the roles of technology and relative prices in influencing demand; be able to explain the differences between the rates of growth of demand for different products.
Turin Startup Ecosystem 2024 - Ricerca sulle Startup e il Sistema dell'Innov...Quotidiano Piemontese
Turin Startup Ecosystem 2024
Una ricerca de il Club degli Investitori, in collaborazione con ToTeM Torino Tech Map e con il supporto della ESCP Business School e di Growth Capital
how to swap pi coins to foreign currency withdrawable.DOT TECH
As of my last update, Pi is still in the testing phase and is not tradable on any exchanges.
However, Pi Network has announced plans to launch its Testnet and Mainnet in the future, which may include listing Pi on exchanges.
The current method for selling pi coins involves exchanging them with a pi vendor who purchases pi coins for investment reasons.
If you want to sell your pi coins, reach out to a pi vendor and sell them to anyone looking to sell pi coins from any country around the globe.
Below is the what'sapp information for my personal pi vendor.
+12349014282
Tdasx: Unveiling the Trillion-Dollar Potential of Bitcoin DeFi
Income Of Other Persons, Included In Assesses Total Income
1. Income Of Other Persons, Included
In Assesses Total Income
P.V.Harini
1st Year Intern
M/s SBS and Company LLP
harinip@sbsandco.com
+91 9059488338
by
SBS Hyderabad
27-01-2018
1
2. www.sbsandco.com2
Extract of sec 2(7)(a)
Assessee means a person by whom any tax or any other sum of money is
payable under this Act, and includes
every person in respect of whom any proceeding under this Act has been
taken for the assessment of HIS income or
of the Income of any other person in respect of which he is assessable
or of the loss sustained by him or by such other person
or of the amount of refund due to him or to such other person
Who is an assessee ?
3. www.sbsandco.com3
Governing Sections – Clubbing of Income
SECTION Nature Of Transaction
60 Transfer of Income where there is no transfer of Assets.
61 Revocable transfer of Assets.
64 Income of Individual to include income of Spouse, minor child etc
64(1)(ii) - Remuneration from A Concern In Which Spouse Has Substantial Interest.
64(1)(iv) - Income From Assets Transferred To Spouse.
64(1)(vi) - Income From Assets Transferred To Son’s Wife.
64(1)(vii) - Income From Assets Transferred To A Person For The Benefit Of Spouse.
64(1)(viii)- Income From Assets Transferred To A Person For The Benefit Of Son’s Wife.
64(1)(A) - Income Of Minor Child
64(2) - Income of HUF from property converted by the individual into HUF property.
65 Liability of Person in respect of income included in the income of another person
4. www.sbsandco.com4
Any person Transfers the Income only without transfer of Asset.
Taxable Person: Income is to be included in the Total Income of Transferor
The section is applicable Irrespective of:
Whether the transfer is revocable or not.
Whether the transfer is effected before or after the commencement of IT Act.
Example : Mr.A owns a motor car and the same is given to the company on
hire at a monthly rent of Rs.20,000.Mr.A declared that henceforth the
monthly hire charges on the car shall belong to his wife though ownership
remains with Mr.A
In this case income shall be included in the income of …………………….
Sec 60-Transfer Of Income where there is no
Transfer Of Asset
5. www.sbsandco.com5
Transfer – Settlement, Trust ,Covenant ,Agreement/Arrangement
What is Revocable Transfer ?
If it contains any Provision to re-transfer directly or indirectly whole/part of
income/asset to transferor or
If there is a right to reassume power, directly or indirectly, over income or
asset.
(The above definition is applicable for purpose of sec 60, 61 & 62)
Therefore we can say that Section 60 basically reiterates the basic
principle of Income tax Act that income is taxable at the point where it
arises and subsequent application of same is immaterial.
What is Transfer & Revocable Transfer ? (sec 63)
6. www.sbsandco.com6
Any Income arising to any person from Revocable Transfer of Assets(refer previous slide)
is to be clubbed in the hands of transferor.
Taxable Person : Income is to be included in the Total Income of Transferor.
Example : X transferred house property permanently to Y with a condition that 25%
of the income from such property is handed over to him.
Exceptions to Revocable Transfer (sec 62)
Trust/transfer irrevocable during the lifetime of beneficiary or transferee.
Example : A transferred house property to B with a condition that B could enjoy
the Income from such property during his Life Time.
In the above case Income shall be chargeable in the hands of B. However on
expiry of life time of B, the income from such House Property shall be included in
the total income of A.
Sec 61 - Revocable Transfer Of Assets
7. www.sbsandco.com7
Transfer made prior to 1-4-1961 and not revocable for a period of 6 years.
The transferor derives no direct or indirect benefit from the transfer.
However the income shall again be included in the hands of transferor when the
power to revoke the transfer arise.
Revocable Transfer Of Assets
8. www.sbsandco.com8
Any Salary, Commission, Fees or any other form of Remuneration whether in cash
or in kind paid to the Spouse from a Concern in which an Individual has a
Substantial Interest.
Taxable Person : Individual having Substantial Interest.
Concern – Business or Professional concern
Substantial Interest = Interest of Individual + Interest of Relatives.
Relative - Husband, Wife, Brother, Sister, lineal ascendant or descendent of the Individual. Sec 2(41)
Sec 64(1)(ii)-Remuneration To Spouse
In case of a
Company
• An Individual holds ≥20 % voting power of equity shares at
any time during the previous year.
In case other than a
Company
• An Individual is entitled to ≥20 % of the profits at any time
during the previous year.
9. www.sbsandco.com9
Note : Where both the husband and wife have a substantial interest in a concern
and both are in receipt of the remuneration from such concern BOTH the
remunerations will be included in the Total Income of Spouse whose total income,
excluding such remuneration, is greater (refer example).
(circular no.258,dated 14.06.1979)
Condition : The relationship of husband and wife must subsist at the time of
accrual of the income
Exception:
Clubbing of Income is not applicable if Spouse Possesses Technical or Professional
qualification & Remuneration is solely Attributable to application of that
knowledge/qualification.
Remuneration To Spouse
10. www.sbsandco.com10
Technical or Professional Qualification do not need any diploma or any formal
degree from a recognized body like university or an institute.
(Batta Kalyani v/s Commissioner of Income Tax).
A person can be said to be in requisite technical qualification when by virtue
thereof he is eligible to perform that function.
Professional qualification means qualification necessary for carrying on particular
profession.
Other Points:
Any Income once included in Total Income of either of the spouse, any such income
arising thereafter shall not be included in the total income of other spouse unless
A.O is satisfied, after giving that spouse an opportunity of being heard.
Remuneration To Spouse
11. www.sbsandco.com11
A & B (A’s wife),whose other incomes are Rs.60,000 & Rs.80,000 respectively are both
employed in X ltd and getting remuneration of Rs. 10,000 pm and Rs.8,000 p.m. The
Shareholdings are A – 10%, B – 5%, A’s brother – 6%, B’s brother – 8%
In this case A & B both having Substantial interest in the company and is determined as
under
For A - 21 % (His own share 10% + B’s share - 5% + A’s brother share - 6%)
For B - 23 % (Her own share 5% + A’s share - 10% + B’s brother share - 8%)
Remuneration To Spouse - Example
A’s Total Income B’s Total Income
Other Income Rs.60,000 Other Income Rs.80,000
His Own Salary Income (8,000*12) = Rs.96,000
A’s Salary Income (10,000*12) = Rs.1,20,000 Rs.2,16,000
Total Income Rs.60,000 Total Income Rs.2,96,000
12. www.sbsandco.com12
Event
• Where an asset (Other than House Property as it is covered u/s 27(1)) is transferred by
an Individual to his/her spouse without adequate consideration.
• Either directly or Indirectly (Cross Transfers)
Taxable
Person
• The income from such asset shall be deemed to be the income of the Transferor.
Cross
Transfers
-Eg
• Mr. A gifts Rs. 5,00,000 Mrs. B (W/o Mr. A brother) for purchase of the land.
• Mr. B gifts shares of Foreign Company to Mr’s. A
Tax Treatment in
Case of Cross
Transfers
• Income arising to Mr’s. B from House Property should be clubbed in the total income of Mr. B
• Dividend form shares transferred to Mr’s. A would be taxable in the hands of Mr. A.
64(1)(iv) - Gift To Spouse
13. www.sbsandco.com13
Gift To Spouse
Exceptions:-
If assets are transferred for adequate consideration.
If asset is transferred for inadequate consideration, then the proportionate
amount of income attributable to inadequate consideration shall be added to the
income of transferor.
Example - Mr. X transfers piece of land worth Rs. 1,50,000 to his wife for
Rs.1,00,000. Income earned from letting out of land is Rs.30,000.Here inadequate
consideration is Rs. 50,000/- Therefore income included in total income of
Mr. X – Rs.10,000 (30,000*50,000/1,50,000)
If assets are transferred in connection with an agreement to live apart.
If assets are transferred before marriage. (Eg : Mr. K makes a gift to his fiancé,
then the income arising form such gifts shall not be taxable in the hands of
Mr.K)
14. www.sbsandco.com14
Gift To Spouse
If on the date of accrual of income, transferee is not spouse of the transferor.
(Eg : Mr.L makes a gift to his wife and later on divorces his wife, then the income
arising after divorse shall not be clubbed with income of Mr.L).
i.e,The relationship of husband and wife must subsist both at the time of transfer of
asset and at the time of accrual of the income [Philip John Plasket Thomas 49 ITR
97 (SC)].
If property is acquired by the spouse out of pin money (R.Dalmia v/s CIT)
Other Points:
Where assesse made payments on premium on policy taken in name of his wife,
the maturity proceeds of LIC policy were invested by the wife, the income
earned thereon in the name of wife, shall be clubbed in the hands of the
husband (Damodar K Shah v/s CIT).
15. www.sbsandco.com15
Gift To Spouse
The clubbing provisions of this section will apply even if the form of asset
is changed by the transferee-spouse
Eg : Where cash is gifted by an assessee to his wife & she invest same in
deposits, then interest income is includable in assessee’s Total Income.
Where asset transferred to Spouse/Son’s wife are invested by the
transferee.
In partnership firm by way of Capital Contribution – Any Interest receivable
by the transferee attributable to such investment shall be clubbed.
In any business – Proportionate income arising to transferee attributable to
such investment will be eligible for clubbing.(in ratio of capital contribution as
on 1st day of relevant previous year).
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Asset Transferred directly or indirectly on or after 1st June,1973 by an
Individual to their son’s wife, without adequate consideration.
64(1)(vi) - Gift or Transfer to Son’s Wife
Taxable person : The income from such asset will be clubbed with the income of the
individual (i.e., transferor being father-in-law/mother-in-law)
•Exception : If the asset is transferred before marriage of son or
If the asset Is transferred for adequate consideration.
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Transfer of assets, directly or indirectly without adequate
consideration by an individual to a Person/Trust/AOP for the
immediate or deferred benefit of his/her Spouse.
Individual Transferring the Asset.
Relation should subsist both at the time of Transfer of Asset and at
the time when Income is accrued.
Transfer is made for Adequate Consideration.
64(1)(vii) - Gift to Person/Trust/AOP for
benefit of Spouse
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Transfer of assets, directly or indirectly on or after 1st June, 1973
without adequate consideration by an individual to a
Person/Trust/AOP for the immediate or deferred benefit of his
Son’s wife
Individual transferring the Asset
Transfer is made for Adequate Consideration.
64(1)(viii)-Gift to Person/Trust/AOP for benefit
of Son’s Wife
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Any Income arises or accrues to a minor child is included in Total Income of
parent whose income is higher. (excluding minor’s income)
Child : step child, adopted child, minor married daughter
If the marriage of parents does not sustain, then minor’s income will be clubbed
with the income of parent who maintains the minor in the previous year.
Exceptions:
Income of minor child earned on account of manual work or
Any activity involving application of his/her skill, knowledge, talent, experience,
etc.
any income of a minor child suffering from disability specified under section
80U.
64(1A) - Income of Minor Child
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Benefit Availed : Exemption upto Rs. 1,500/- p.a per child is availed.
Note:
Income of minor child will not be clubbed if he attains majority before end of
the PY
Income once included in Total Income of either parent, any income arising
further shall not be included in the total income of other parent unless it is
necessary to do so (upon satisfaction A.O after giving that parent an
opportunity of being heard).
Income of Minor Child
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64(2) - Conversion of Self Acquired property
into Joint Property (HUF)
Income arising (u/s 64(2)) is taxable in the
hands of Transferor when ?
Member of HUF has Converted / Transferred Self
Acquired property into Joint family Property for
Inadequate Consideration.
Converted property is Subsequently partitioned
among members of HUF and the Income derived
form such converted property is received by
Spouse of the Transferor.
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Income earned out of the income arising from transferred asset is not to be
clubbed.(CIT v/s M.S.S.Rajan)
Mr.X Transferred his flat to his wife, who derives rental income therefrom and such
rental income is assessed in X’s name.
Wife invested such rental income in FD’s and interest derived from such FD’s
cannot be clubbed in X’s.
Can negative income be clubbed – YES (since income includes loss also)
Section 65 - Wherever Clubbing provisions is attracted, the person in whose name
the asset stands (Transferee) shall be liable to Pay Tax levied on the assesse on the
service of notice of demand.
Where any asset is jointly held by more than one person, they shall be jointly
liable to pay tax in respect of Income from such asset.
Other Important Points
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