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The only issue raised in this appeal is against non-allowing of set off of business loss in full amounting to Rs.31,56,429/-. the factual matrix of the case is that the assessee filed return declaring total income of Rs.4,59,830/-comprising,inter alia,Business income. During the course of assessment proceedings, the Assessing Officer (AO) observed from the computation of total income that the assessee clubbed loss from the business of his spouse amounting to Rs.31,56,429/- in view of the provisions of section 64 of the Income-tax Act, 1961 (hereinafter called 'the Act'). On being called upon to justify such a claim, the assessee submitted that during the year under consideration he gifted a sum of Rs.94.50 lakh to Mrs. Priti Bhaskarwar, his wife, who started business of Futures and Options (F&O) on 18-09-2013. The assessee claimed that she incurred loss of Rs.31,56,429/- in such business, which was clubbed in his hands. The AO accepted the primary claim of the assessee of his wife having incurred loss of Rs.31.56 lakh in the business of F&O, which was set up on 18-09-2013 and further that loss from such business was eligible for set off against the income of the assessee in terms of section 64(1)(iv) read with Explanation 3 thereto. He, however, did not accept the assessee's contention that the entire loss of Rs.31.56 lakh be set off against the assessee's income.

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Sec. 64(1)(iv) of Income Tax Act, 1961—Clubbing of Income—Section 64(1)(iv) read with the Explanation 3 is where the assets received by wife as gift from husband are invested by her in a business, in which she has her own separate investment as well, thereby attracting clubbing of income to the extent it is relatable to the investment of gifts received from husband in the common business, thus, loss (negative income) of Rs.31,56,429/- from F&O business is an illustration of such income, which was rightly clubbed by the assessee but wrongly denied partly, thus,  the assessee is entitled to club full loss of Rs.31.53 lakh arising during the year from the business of F&O carried on by his wife in his personal income— Uday Gopal Bhaskarwar vs. Asstt. CIT [2020] 203 TTJ 776 (PUNE)

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