Itr 1
This query is : Resolved
25 May 2013
Are you Governed by Portugese Civil Code under Section 5A?
this is one option in ITR 1 . it mean what?
this is one option in ITR 1 . it mean what?
CA PARAS BAFNA
(Expert)
26 May 2013
The information is required to be disclosed against Item A22 in ITR 1, by the assessee who is covered under the said code.
.
The same will facilitate the AO to ascertain the manner in which the income figures have been furnished in the ITR.
.
Income other than Salary income is apportioned equally between the husband and wife and the said share in income is treated as Individual Income of the assessee covered under the Portuguese Civil Code.
.
.
The same will facilitate the AO to ascertain the manner in which the income figures have been furnished in the ITR.
.
Income other than Salary income is apportioned equally between the husband and wife and the said share in income is treated as Individual Income of the assessee covered under the Portuguese Civil Code.
.
13 July 2013
The section reads as under
Section 5A in The Income- Tax Act, 1995
5A. 1[ Apportionment of income between spouses governed by Portuguese Civil Code
(1) Where the husband and wife are governed by the system of community of property (known under the Portuguese Civil Code of 1860 as" COMMUNIAO DOS BENS") in force in the State of Goa and in the Union territories of Dadra and Nagar Haveli and Daman and Diu, the income of the husband and of the wife under any head of income shall not be assessed as that of such community of property (whether treated as an association of persons or a body of individuals), but such income of the husband and of the wife under each head of income (other than under the head" Salaries") shall be apportioned equally between the husband and the wife and the income so apportioned shall be included separately in the total income of the husband and of the wife respectively, and the remaining provisions of this Act shall apply accordingly.
(2) Where the husband or, as the case may be, the wife governed by the aforesaid system of community of property has any income under the head.
This is because to apportion the income between the husband and wife for lower rate of tax.
The expert has also corretly explained this and I agree with him
Section 5A in The Income- Tax Act, 1995
5A. 1[ Apportionment of income between spouses governed by Portuguese Civil Code
(1) Where the husband and wife are governed by the system of community of property (known under the Portuguese Civil Code of 1860 as" COMMUNIAO DOS BENS") in force in the State of Goa and in the Union territories of Dadra and Nagar Haveli and Daman and Diu, the income of the husband and of the wife under any head of income shall not be assessed as that of such community of property (whether treated as an association of persons or a body of individuals), but such income of the husband and of the wife under each head of income (other than under the head" Salaries") shall be apportioned equally between the husband and the wife and the income so apportioned shall be included separately in the total income of the husband and of the wife respectively, and the remaining provisions of this Act shall apply accordingly.
(2) Where the husband or, as the case may be, the wife governed by the aforesaid system of community of property has any income under the head.
This is because to apportion the income between the husband and wife for lower rate of tax.
The expert has also corretly explained this and I agree with him
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