F & q

Do any clubbing provisions exist in case of transfer of income without transfer of asset in Income tax Law ?

Do any clubbing provisions exist in case of transfer of income without transfer of asset in Income tax Law ?

As per section 60 of income tax act​​, if a person transfers inco​me from an asset owned by him without transferring the asset from which the income is generated, then the Housing income from such an (home) asset is taxed in the hands of the transferor (i.e., person transferring the income).

Example- Mr. Mohan has given a Home owned by him on rent. Annual rent of the home is Rs. 90,000. He transferred entire rental income to his friend Mr. Sharma. However, he did not transfer the home. In this situation, rent of Rs. 90,000 will be taxed in the hands of Mr. Moahan.​

Section 60 of Income tax act

Section 60- All income arising to any person (Income tax Assesses) by virtue of a transfer whether revocable or not and whether effected before or after the commencement of Income tax Act shall, where there is no transfer of the assets from which the income arises, be chargeable to income-tax as the income of the transferor and shall be included in his total income .

Advocate Birbal Sharma

Education- M.Com, LL.B, DLL, LLM Practice Courts - Rajasthan High Court, Income Tax Appellate Tribunal and Intellectual Property Right Attorney Contact Number- 09785037216 Email ID-advocatebirbalsharma@gmail.com

Share
Published by
Advocate Birbal Sharma

Recent Posts

GST Registration Cannot Be Cancelled Without Reasons or Hearing: Court Affirms Due Process

HIGH COURT OF JUDICATURE AT ALLAHABAD   WRIT TAX NO.-1915 of 2025 M/S IMPLEX INFRASTRUCTURE  …

4 weeks ago

High Court Quashes GST Registration Cancellation for Non-Speaking Order

ALLAHABAD HIGH COURT  WRIT TAX NO. 5924 OF 2025 M/S ANIL ART AND CRAFT  VERSUS …

4 weeks ago

RAJASTHAN AAR CLARIFIES 18% GST ON MINING ROYALTY PAID TO STATE GOVERNMENT

RAJASTHAN AAR CLARIFIES 18% GST ON MINING ROYALTY PAID TO STATE GOVERNMENT RAJASTHAN AUTHORITY FOR…

3 months ago

SUPREME COURT UPHOLDS VALIDITY OF LEVY GST ON LOTTERIES: SKILL LOTTO SOLUTIONS PVT LTD v. UNION OF INDIA

SUPREME COURT UPHOLDS VALIDITY OF LEVY GST ON LOTTERIES: SKILL LOTTO SOLUTIONS PVT LTD vs…

3 months ago

SUPREME COURT UPHOLDS THE VALIDITY OF ARREST PROVISIONS UNDER CUSTOM AND GST ACT: RADHIKA AGARWAL V. UNION OF INDIA

SUPREME COURT UPHOLDS THE VALIDITY OF ARREST PROVISIONS UNDER CUSTOM AND GST ACT: RADHIKA AGARWAL…

3 months ago

SUPREME COURT CLARIFIES DEPRECIATION ON NON-COMPETE FEE U/S 32(1)(ii) OF INCOME TAX ACT

SUPREME COURT CLARIFIES DEPRECIATION ON NON-COMPETE FEE U/S 32(1)(ii) OF INCOME TAX ACT REPORTBALE SUPREME…

4 months ago