Friends,
Section 64(1)(iv) reads as below:
(iv) subject to the provisions of clause (i) of section 27, 40[* * *] to the spouse41 of such individual from assets transferred41 directly or indirectly to the spouse by such individual otherwise than for adequate consideration41 or in connection with an agreement to live apart ;
Hence Section 64 (1)(iv) is not applicable to house property for which seperate provision has been prescribed.
Hence in case of house property, Section 27 states that when the same is transferred without adequate consideration,etc, the transferror is deemed to be the owner of the property.
However the section starts, for the purposes of Section 22 to section 26. Hence it is not applicable to any other income.
My question is if an individual transfers his property to her spouse without adequete consideration who sells it for profit will the capital gains on the same be clubbed in the hands of the individual or it will be chargeable in the hands of his spouse?
Similarly, if the spouse further demolishes the house property and constructs a commercial building on the land and rents out offices, will the commercial rent income be chargeable to tax as business income or income from house property and will it be clubbed in the hands of individual?
CAclubindia
