Subscribe to the Bombay Chartered Accountant Journal Subscribe Now!

May 2024

Income returned and assessed in the hands of the wife cannot again be taxed in the hands of the husband by invoking section 64(1)(ii)

By Jagdish T Punjabi, Chartered Accountant
Devendra Jain & Aditya Bhatt, Advocates
Reading Time 2 mins

11 Ketan Prabhulal Dalsaniya v. DCIT

ITA Nos. 25 to 30 / Rjt/2023 and ITA No. 96/Rjt/2023

Assessment Years: 2013-14 to 2019-20

Date of Order : 7th February, 2024

Sections: 64, 153A

Income returned and assessed in the hands of the wife cannot again be taxed in the hands of the husband by invoking section 64(1)(ii)

FACTS

Consequent to a search action conducted in the group cases of Coral group of Morbi on 3rd January, 2019 warrant was executed in the name of the assessee. For each of the assessment years under consideration, assessment orders were framed under section 153A of the Act. The common addition viz. clubbing of income allegedly earned by the wife of the assessee was clubbed with the income of the assessee under section 64(1)(ii) of the Act. According to the a

Read More
Download PDF

You May Also Like

Penalty under section 271F cannot be levied if estimated total income was less than maximum amount not chargeable to tax and assessee was not required to file return even pursuant to the provisos to section 139(1) though assessed income may have been greater than maximum amount not chargeable to tax. The basis of determination of income in the assessment order cannot be said to be the basis for filing of return of income under Section 139(1) of the Act.

Capital gains on transfer of shares acquired prior to 1st April, 2017 were not taxable in terms of Article 13(4) of India-Mauritius DTAA because of grandfathering provisions; it was evident from TRC that Assessee was a tax resident of Mauritius.