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Clubbing of income from house property

Bibhu Prasad Mohapatra (CHARTERED ACCOUNTANTS) (122 Points)

02 July 2013

Sir,

My clients has Income from House Property. His wife too has Income from House Property. All the property of the wife has been acquired after their marriage. Is it possible to club their entire income from House Property in the hand of the husband?

Regards

Bibhu

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2 Replies

CA CS Roshan Begrajka (Chartered Accountants) (267 Points)
Replied 02 July 2013

clubbing provision is apply when assets is transfer to spouse or benefit for spouse either directly or indirectly without any adequate consideration. if there is any adequate consideration then clubbing provision not applied and income chargeable in the hand of husband, otherwise Income earned from House property is taxable in the hands of wife.

Saurabh Maheshwari (B.com,ACA) (5923 Points)
Replied 02 July 2013

Yes agreed with Roshan....because HP income is chargeable to tax in the hands of owner or deemed owner..so in case of trf to spouse for no consideration or without adeq consider, then assessee is the deemed owner and as such HP rent to be taxed in assessee's hands...bt if trf is for adequate consid then then the spouse receiving such property will be liable to pay tax on HP income...