We know that clubbing provisions are applicable in case of
transfer to own spouse/child
But what if a person transfers to other person's spouse
and the other person's transfers to first person spouse to avoid tax
Will clubbing be applicable?
View AnswerYes
As per Supreme Court decision
in cae of CIT vs Keshavji Morarji
if 2 transactions are of interconnected
and are parts of circuitous nature
to avoid tax
then clubbing provisions will be attracted
EXAM QUESTION
Mr. Ramesh gifted a sum of Rs 5 lacs to his brother‟s minor son on 16-4-2015. On 18-4-2015, his brother gifted debentures worth Rs 6 lacs to Mrs. Ramesh.
Son of Mr. Ramesh‟s brother invested the amount in fixed deposit with Bank of India @ 9% p.a. interest
and Mrs. Ramesh received interest of Rs 45,000 on debentures received by her.
Discuss the implications under the provisions of the Income-tax Act, 1961.
View AnswerAs per Supreme Court decision
in cae of CIT vs Keshavji Morarji
if 2 transactions are of interconnected
and are parts of circuitous nature
to avoid tax
then clubbing provisions will be attracted