Clubbing of income

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Yatin Sharma (Querist)
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31 December 2014 in section64 (1) (v) suppose if Mr.X and Mrs.X makes an AOP and then X trf his an asset to aop and write in clause that 20% income shall be transferred to mrs X ...is it possible then how...?? because as per section 60 diversion of income wdout transfering asset is not allowed. ....so how aop can trf its income to mrs X..???

Mohit Singla

Mohit Singla (Expert)
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01 January 2015 Its not possible and income will be clubbed in the income of Mr. X. As per the provision of section 64(ii), In computing the total income of any individual, there shall be included all such income as arises directly or indirectly:
- to the spouse of such individual by way of salary, commission, fees or any other form of remuneration whether in cash or in kind from a concern in which such individual has a substantial interest.
The only way to transfer income is, if Mrs. X possesses technical or professional qualifications and the income is solely attributable to the application of his or her technical or professional knowledge and experience.