2001 (12) TMI 15 - HC - Income Tax

Total Income Hindu Undivided Family - The question referred to us viz. Whether on the facts and circumstances of the case the Tribunal was right in holding that income received by the assessee s wife for maintenance is includible in the assessee s total income under section 64(2)(c) read with section 64(1)(iv) of the Act? is answered in favour of the assessee and against the Revenue.

Summary

Issues:
Interpretation of Section 64(2)(c) of the Income-tax Act regarding clubbing of income in case of partition and maintenance payments between family members.

Analysis:
The case involved the interpretation of Section 64(2)(c) of the Income-tax Act, which deals with clubbing the income of the spouse or minor child with that of the individual in certain cases. The assessee had thrown his property into a hotchpot, treated it as joint family property, and partitioned it between himself and his son. The son was obligated to pay a sum to the assessee's wife, secured by a charge on the property allotted to him.

The assessing authority, appellate authority, and Tribunal applied Section 64(2)(c) to include the payment made by the son to his mother in the assessee's income. However, the High Court analyzed the provision and emphasized that for it to apply, the income must be "derived from such converted property." The court clarified that mere payments made by the son to his mother, even if secured by a charge, cannot be considered income derived from the property unless it can be established as such.

The court highlighted that the son, being a major, could have made the payments from any income source and was not obligated to use the property's income. Additionally, the court explained that the provision for clubbing income is specific and should not be extended beyond its language. The court emphasized that the charge on the property does not automatically make the payment derived from the property's income.

The court concluded that the Tribunal erred in including the maintenance payment in the assessee's income under Section 64(2)(c). The court answered the question in favor of the assessee, stating that the payment made by the son to his mother cannot be considered income derived from the property allotted to him. The court's decision focused on the specific language and requirements of the provision, emphasizing the need for direct derivation of income from the property for clubbing purposes.

Overall, the judgment provides a detailed analysis of the application of Section 64(2)(c) in cases of partition and maintenance payments within a family, clarifying the distinction between income derived from property and other forms of payments or obligations.