Clubbing of Income

Rohan (CA Finalist) (359 Points)

05 October 2009  
Mr.X a)gives his wife an interest free loan of Rs.10 Lacs. She uses the money to invest in shares of Y Ltd.The company declares a 1:1 bonus. Or, b)gifts his wife cum bonus shares in Y Ltd who have declared a bonus of 1:1 Mrs.X,after the record date sells the non-bonus shares and books a loss of lets say,Rs.5 lacs. She holds onto the Bonus shares for a year and then sells them off,the income being exempt from Capital gains. Now... If the Income Tax Officer sees the (a)interest free loan/(b)gift as diversion and clubs the income, he shall be only clubbing a negative income(Loss) of Rs.5Lacs,which Mr.X can carry forward for 8 years. ITO cant club the bonus shares as shares received as bonus is not under the purvue of clubbing. But, If ITO ignores clubbing the wife walks away with a STCL which she can carry forward for 8 years. Am I Right? Please clarify. Thank you :)