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Clubbing Query..

Piyush Sanghi (CA) (172 Points)

21 October 2010

Mr. John commenced a proprietary business in the year 2000. His capital as on

1/4/2008 was Rs. 1,00,000. On 10/4/2008 his Friend Mr. Vijay gifted Rs. 40,000 which he invested in the

business on the same date. Mr. John earned profit from his proprietary business as given below:

PY 2008-2009 = Profit Rs. 50,000

PY 2009-2010 = Profit Rs. 1,00,000

What will be the role of Clubbing Provisions here. Will they apply or not..??

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5 Replies

Santhosh Poojary (SIEMPRE AHÍ PARA TI) (15607 Points)
Replied 21 October 2010

Clubbing of income

C l u b b i n g o f i n c o m e (Sec 60- 65 of the Income Tax Act)

Introduction

- Generally only assessee’s income is charged to tax.
- To lighten their tax burden, transfer huge portions of their taxable income.
- Sec 60 - 65 enacted
- Provisions apply to income as well as loss
- TAX
- Income arising from asset not transferred or from revocable transfer of asset
Section 60:
- Transfer of income without transfer of asset is deemed to be the income of the transferor
- Does not matter if such transfer is revocable or irrevocable
Section 61:
- Income arising out of revocable transfer of assets is taxed in the hands of the transferor
Section 62:
- Provisions of Sec 61 do not apply:
- Transfer by way of trust – not revocable during the lifetime of transferee
- b) Transfer was made before 1.4.61 – not revocable for a period exceeding 6 yrs.
Section 63:
- Definitions :
- Transfer
- Revocable transfer
Section 64:
- Income arising to spouse, son’s wife, minor child and HUF to be clubbed
- Sec 64(1) —spouse and son’s wife
- Any remuneration in cash or kind from a concern in which the assessee has substantial interest
- Asset transferred to spouse/son’s wife without consideration
- Transfer without consideration for immediate/future benefit of spouse/son’s wife
Club bing
- Income got from transferred income that is invested in a business by spouse/son’s wife is still transferor’s income.
- If there is accretion to the asset, any income or such accretion shall not be clubbed.
- When transferred asset is converted to another form, income derived from such conversion shall be clubbed.
Sec 64(1A):
- Income of minor child :
- Income of minor child clubbed with assessee
- Exceptions:
- Manual work done by him or
- Activity involving application of his skill, talent or specialized knowledge or experience
- Income of minor child suffering disability specified in Sec 80
- However income earned on investment made out of the not clubbed income of the minor child has to be clubbed
- Income is clubbed with that of the parent whose income is higher
- Exemption given up to Rs.1500 per child or the clubbed income whichever is lower.
- Child includes step child and an adopted child of the assessee and minor married/unmarried daughter
- If minor child earns only agricultural income it is not clubbed with the parent’s total income for rate purposes
- If minor child earns agricultural/non agricultural income then his income shall be aggregated to determine tax rate applicable to the minor.
Section 64(2):
- Income of HUF :
- When a member converts/transfers self acquired property without consideration into the HUF property, it is taxed as income of the transferor member
- If converted property is partitioned among members of the HUF the income derived from it and received by the spouse of the transferor will be taxed in the hands of the transferor .
Section 65:
- Levy and collection of tax
- The person in whose name the asset stands shall be liable to pay tax if the assessing officer demands.
- When an asset is held by more than one person, each of them will be held jointly and severally liable to pay tax on the income derived from such asset.

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Santhosh Poojary (SIEMPRE AHÍ PARA TI) (15607 Points)
Replied 21 October 2010

So On the Basis of Above Mentioned Information

in ur case is not attracted u/s 60 to 64.

Nishant Jain (Associate - Direct Tax) (99 Points)
Replied 21 October 2010

hey San.... can u jzt tell me from where did u get this short notes of all the sections..???

if u have this for all the chapters in tax and law for ipcc, can u jzt mail them to me at my email id i.e. j.nishant93 @ yahoo.com

Santhosh Poojary (SIEMPRE AHÍ PARA TI) (15607 Points)
Replied 21 October 2010

Originally posted by : Nishant Jain
	hey San.... can u jzt tell me from where did u get this short notes of all the sections..??? if u have this for all the chapters in tax and law for ipcc, can u jzt mail them to me at my email id i.e. j.nishant93 @ yahoo.com