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Issue ID: 105966
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Clubbing provision under Wealth Tax Act

Date 10 Aug 2013
Replies1 Reply
Views 6242 Views
Clubbing provision: transfers of wealth to a major son are not clubbed to mother; son bears wealth tax liability.
Clubbing provisions apply only where the statute attributes transferred wealth to the transferor; transfers to a major son are not clubbed to the mother under the cited Wealth Tax provision, so an adult son is liable for wealth tax on wealth he receives. A gift deed is an evidentiary formality and does not change substantive non attribution where the recipient is a major son. (AI Summary)

Dear Sir/Madam,

I have doubt in the following issue, plz guide/suggest me on this issues:

Issue-1:  If a Mother transfer/gift some wealth (Jewellery) to his major married son, can the said trf clubbed in the hand of mother for wealth tax purpose or it is valued in the hand of son's

Is gift deed required for the said transfer.

 

Issue-2:

 

1 answers
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Replied on Aug 13, 2013
1.

Dear Sir, 

As per the Section 4(ii) of wealth Tax Act, the world minor son is used for clubbing provision. So in my opion there is no clubbing if wealth is transferred to Major son. He is the liable to pay wealth tax on the same i.e. major son. 

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