2007 (7) TMI 41 - HC - Income Tax

Transfer of assets - Department contended that income arising from such building which has been let out to their wives on consideration liable to be included in the income of husband - Held that department contention was correct and allowed

Summary

Issues:
1. Applicability of section 64(1)(iv) of the Income-tax Act, 1961.
2. Classification of income from the building as house property or business income.

Analysis:
1. The case involved a dispute regarding the application of section 64(1)(iv) of the Income-tax Act, 1961, which deals with the clubbing of income arising from assets transferred to a spouse. The court outlined two conditions for the provision to apply: the transfer of assets to the spouse directly or indirectly and the transfer being without adequate consideration or under an agreement to live apart. In this case, a building was let out by the owners to a new firm where the wives of the owners held a significant share. The court held that the transfer of the building at a reduced rent constituted inadequate consideration, leading to the income being clubbed with the husbands' income as per section 64(1)(iv).

2. The second issue pertained to the classification of the income from the building as either house property income or business income. The court noted that the mere letting out of the building to a newly constituted firm without additional evidence indicated that the income should be treated as income from house property. The court distinguished a previous decision cited by the appellants and emphasized that for the purpose of clubbing income under section 64, the nature of the income, whether from house property or business, was not relevant. The court upheld the Tribunal's decision, stating that it was based on factual findings and no legal question arose.

In conclusion, the High Court dismissed the appeal, affirming the Tribunal's decision regarding the clubbing of income under section 64(1)(iv) and the classification of the income from the building as house property income. The judgment emphasized the legal requirements for the application of the provision and clarified the distinction between income sources for the purpose of income clubbing.