Deemed ownership and Clubbing

515 views 7 replies
In case a husband gifts Rs. 50 lakh to his wife,
and then sells a house to her for adequate consideration of
Rs. 50 lakh.

Will the provisions of Deemed ownership and clubbing be attracted in this case?
Replies (7)
no it won't attract.
Thanks alot 😊
Section 27 is not applicable but I think other clubbing section would apply since there is a gift to spouse...
and its similar to investing in business so clubbing would apply but not as deemed owner but otherwise....
in income tax there is no tax impact but if any income is earned out of such transfer i.e cash gift such will be clubbed & taxable in husband income.
But the income i.e. rent in this case would be clubbed as per clubbing or deemed ownership provisions only if the transfer is for 'inadequate consideration' right?
But here the consideration is adequate.
well section 64(1)iv specifies that when a person transfers asset to his spouse for inadequate consideration then any income earned by the spouse from such asset is clubbed..
here cash is the asset transferred..
and sction 64 is wide enough to cover indirect income for instance in this case income from house property purchased from cash received from husband
Oh Okay! Thanks for clearing☺☺

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