Up Next
 

DEEMED ASSETS/EXEMPTIONS/INTEREST

6. Deemed Assets : Sec. 4

Description of Assets

Exclusion from clubbing

Clubbed with

i)

Assets transferred by individual to spouse for inadequate consideration.

i)

Assets transferred in connection with an agreement to live apart

 

Net Wealth of Individual

 

 

ii)

 No husband-wife relationship at time of transfer as well as on valuation date

 

 

ii)

Assets transferred by individual for immediate or deferred benefits of individual or spouse to other persons or Association of person for inadequate consideration.

 

No husband-wife relationship at time of transfer as well as on valuation date

 

Net Wealth of Individual

iii)

Assets held by minor child

i)

Assets held by Minor Married Daughter

Net Wealth of parent whose net wealth is higher, if marriage subsists or else in hands of the parent who maintains minor child.

 

 

ii)

Assets acquired out of Minor’s Income as referred to in proviso to S. 64(1A)

 

 

 

 

iii)

Minor attains on or majority before valuation date

 

 

 

 

iv)

Assets held by a physically or mentally handicapped minor child

 

 

iv)

Assets transferred by Individual under Revocable Transfer to other persons or A.O.Ps

 

Assets transferred under Irrevocable Transfer

 

Net Wealth of Individual

v)

Assets transferred by Individual to son’s wife for inadequate consideration.

i)

No father-in-law / mother-in-law / daughter-in-law relationship at time of transfer as well as on valuation date

 

Net Wealth of Individual

 

 

ii)

Assets transferred prior to 1-6-1973

 

 

vi)

Assets transferred by Individual for immediate or deferred benefits of individual or son’s wife or both to other persons or A.O.Ps for inadequate consideration.

i)

No father-in-law / mother-in-law / daughter-in- law relationship at time of transfer as well as on valuation date

 

Net Wealth of Individual

 

 

ii)

Assets transfered prior to 1-6-1973

 

 

            Note : Any accretion to the transferred assets or accumulated income of the transferred assets will not attract the clubbing provisions.

b) Assets transferred/converted by individual into joint family property.

i) Assets transferred for adequate consideration

i) Net Wealth of Individual

 

ii)  Conversion or gifts effected prior to 31.12.1969

ii) On Subsequent Partition of HUF — Share of spouse in converted property to be included in net wealth of individual.

c) Gifts by book entries

Money actually delivered at time of entry.

Net Wealth of Individual

d) Value of House/part thereof leased/allotted to Individual by Co-op. Society net of outstanding Instalment payable to Society.

None

Net Wealth of Individual

e) Possession of building taken/retained in part performance of contract (S. 53A of the Transfer of Property Act) or right with respect to building acquired by transaction u/s. 269UA(f) of I.T. Act.

 None

Net Wealth of Individual

f) Holders of Impartial Asset Estate

None

Net Wealth of Individual

7. Specific Exemptions — Section 5

  1. Any assets held by public charitable/religious trusts. Exemption however lost and trust property liable to tax in case of diversion of income/property of trust to specified persons or in case of investment in unapproved securities.

  2. Interest of a member in a HUF property,

  3. Any one building used for the residence by a former ruler,

  4. Any heirloom jewellery in the possession of a Ruler,

  5. Assets brought within 1 year prior to return/at any time after return into India by a returning NRI for 7 successive A.Ys. after return to India. Balance in N.R.E. a/c. on date of return and assets purchased therefrom also exempt.

  6. One house or part of a house (effective from A.Y. 1994-95) or a plot of land not exceeding 500 square metres (effective from A.Y. 1999-2000), belonging to an individual or a HUF.

8. Partition of HUF — Sections 20 and 20A

In case of HUF, if total partition takes place on valuation date itself, then for that assessment year, it will be assessed as if no such partition has taken place. Likewise, a partial partition in the H.U.F. effected after 31-12-1978 will not be recognised and H.U.F. will continue to be assessed as if no partition has taken place.

9. Interest for default in furnishing return — S. 17B

Mandatory interest is payable @ 1% for every month/part of a month from due date till date of furnishing of return or, as the case may be, date of completion of best-judgment assessment u/s. 16(5), on tax payable on net wealth determined on regular assessment. Levy of interest is not dependent upon reasonable cause for such a default. The mandatory interest is payable along with self-assessment tax before filing of the return of wealth.


Up Next