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    <title>1963 (3) TMI 45 - Supreme Court</title>
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    <description>Section 16(3)(a)(iii) of the Indian Income-tax Act, 1922 applies only where the husband transfers assets to his wife during the subsisting marital relationship. A transfer made before marriage cannot be treated as a transfer to a wife merely because the transferee later becomes the wife, and the provision, being an exception creating artificial income, must be strictly construed. On the facts, the share transfer operated immediately on execution before marriage, so the statutory condition was not met. The dividends were therefore not includible in the husband&#039;s total income.</description>
    <language>en-us</language>
    <pubDate>Fri, 22 Mar 1963 00:00:00 +0530</pubDate>
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      <title>1963 (3) TMI 45 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=152153</link>
      <description>Section 16(3)(a)(iii) of the Indian Income-tax Act, 1922 applies only where the husband transfers assets to his wife during the subsisting marital relationship. A transfer made before marriage cannot be treated as a transfer to a wife merely because the transferee later becomes the wife, and the provision, being an exception creating artificial income, must be strictly construed. On the facts, the share transfer operated immediately on execution before marriage, so the statutory condition was not met. The dividends were therefore not includible in the husband&#039;s total income.</description>
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      <pubDate>Fri, 22 Mar 1963 00:00:00 +0530</pubDate>
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