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filing of returns

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14 December 2010 what is the procedure to when a person invests in his spouses name, who do not have any income and TDS is deducted and spouse does not have a pan, whether income is to clubbed in the spouse income who has income, if yes. what is the situation when spouse has pan and TDS is deducted in her name.
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CA. R. B. SAH

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CA. R. B. SAH (Expert)
15 December 2010 In your case, income of wife from invesment shall not be clubbed in the hands of husband.Return has to be furnished in the name of wife.
when spouces are drawing remuneration from the same organisation and spouce having substantial interest in the organisation, then there will be clubbimg of income of spouce in hands of spouce having greater income.
If spouce is drawing income on the basis of professional capacity, then there shall not be clubbing.
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