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Income of individual to include income of spouse, minor child, etc.
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....on or in connection with an agreement to live apart; (v) ^31[****] (vi) to the son's wife, ^33[****] of such individual, from assets transferred directly or indirectly on or after the 1st day of June, 1973, to the son's wife ^33A[****] by such individual otherwise than for adequate consideration; ^15[****] (vii) to any person or association of persons from assets transferred directly or indirectly otherwise than for adequate consideration to the person or association of persons by such individual, to the extent to which the income from such assets is for the immediate or deferred benefit of his or her spouse ^34[****]; and] ^17[(viii) to any person or association of persons from assets transferred directly or indirectly on or after the 1st day of June, 1973, otherwise than for adequate consideration, to the person or association of persons by such individual, to the extent to which the income from such assets is for the immediate or deferred benefit of his son's wife ^35[****].] ^36[Explanation 1.-For the purposes of clause (ii), the individual in computing whose total income the income referred to in that clause is to be include....
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....o the total investment by way of capital contribution as a partner in the firm as on the said day, shall be included in the total income of the individual in that previous year.]] ^39[(1A) In computing the total income of any individual, there shall be included all such income as arises or accrues to his minor child ^41[, not being a minor child suffering from any disability of the nature specified in section 80U]: Provided that nothing contained in this sub-section shall apply in respect of such income as arises or accrues to the minor child on account of any - (a) manual work done by him; or (b) activity involving application of his skill, talent or specialised knowledge and experience. Explanation : For the purposes of this sub-section, the income of the minor child shall be included, - (a) where the marriage of his parents subsists, in the income of that parent whose total income (excluding the income includible under this sub-section) is greater; or (b) where the marriage of his parents does not subsist, in the income of that parent who maintains the minor child in the previous year, and where any such income is once inc....
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....tment for the time being representing the proceeds of sale thereof and where the property is converted into any other property by any method, such other property; ^8[****]] ^14[Explanation 2 : For the purposes of this section, "income" includes loss.] ************ NOTES:- 1. Numbered vide Section 16 of the Taxation Laws (Amendment) Act, 1970 w.e.f. 01-04-1971 2. Inserted vide Section 16 of the Taxation Laws (Amendment) Act, 1970 w.e.f. 01-04-1971 3. Substituted vide Section 13 of the Taxation Laws (Amendment) Act, 1975 w.e.f. 01-04-1976 before it was read as, "^1[(1)] In computing the total income of any individual, there shall be included all such income as arises directly or indirectly- (i) to the spouse of such individual from the membership of the spouse in a firm carrying on a business in which such individual is a partner; (ii) to a minor child of such individual from the admission of the minor to the benefits of partnership in a firm in which such individual is a partner; (iii) subject to the provisions of clause (i) of section 27, to the spouse of such individual from assets tr....
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....o the income derived from such converted property as is received by the spouse or minor son on partition shall be deemed to arise to the spouse or the minor son from assets transferred indirectly by the individual to the spouse or minor son and the provisions of sub-section (1) shall, so far as may be, apply accordingly:" 6. Substituted vide Section 13 of the Taxation Laws (Amendment) Act, 1975 w.e.f. 01-04-1976 before it was read as, "minor son" 7. Omitted vide Section 13 of the Taxation Laws (Amendment) Act, 1975 w.e.f. 01-04-1976 before it was read as, "(1)" 8. Omitted vide Section 13 of the Taxation Laws (Amendment) Act, 1975 w.e.f. 01-04-1976 before it was read as, "(2) "interest of the individual in the property of the family" and "interest of the spouse or any minor son of the individual in the property of the family" mean, respectively, the proportion in which the individual or, as the case may be, the spouse or minor son would be entitled to share the property of the family if there had been a total partition in the family as on the last day of the previous year of the family relevant to the assessment year for which t....
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.... to any income arising to the spouse where the spouse possesses technical or professional qualifications and the income is solely attributable to the application of his or her technical or professional knowledge and experience;" 20. Restored vide Section 95 of the Direct Tax Laws (Amendment) Act, 1989 w.e.f. 01-04-1989 Earlier, Omitted vide Section 17 of the Direct Tax Laws (Amendment) Act, 1987 w.e.f. 01-04-1989 before it was read as, "(iii) to a minor child of such Individual from the admission of the minor to the benefits of partnership in a firm;" 21. Restored vide Section 95 of the Direct Tax Laws (Amendment) Act, 1989 w.e.f. 01-04-1989 Earlier, Omitted vide Section 17 of the Direct Tax Laws (Amendment) Act, 1987 w.e.f. 01-04-1989 before it was read as, "in a case not falling under clause (i) of this sub-section," 22. Restored vide Section 95 of the Direct Tax Laws (Amendment) Act, 1989 w.e.f. 01-04-1989 Earlier, Omitted vide Section 17 of the Direct Tax Laws (Amendment) Act, 1987 w.e.f. 01-04-1989 before it was read as, ....
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....hat it is necessary so to do." 26. Restored vide Section 95 of the Direct Tax Laws (Amendment) Act, 1989 w.e.f. 01-04-1989 Earlier, Omitted vide Section 17 of the Direct Tax Laws (Amendment) Act, 1987 w.e.f. 01-04-1989 before it was read as, "^10[Explanation 1A. - For the purposes of clause (i), where the spouse of an individual is a beneficiary under a trust, the income arising to the trustee from the membership of the trustee in a firm carrying on a business in which such individual is a partner shall, to the extent such income is for the immediate or deferred benefit of the spouse of such individual, be deemed to be income arising indirectly to the spouse of such individual from the membership of the spouse in a firm carrying on a business in which such individual is a partner.]" 27. Restored vide Section 95 of the Direct Tax Laws (Amendment) Act, 1989 w.e.f. 01-04-1989 Earlier, Omitted vide Section 17 of the Direct Tax Laws (Amendment) Act, 1987 w.e.f. 01-04-1989 before it was read as, "^11[Explanation 2A.- For the purposes of clause (iii), where the minor child of....
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.... to the spouse or minor child in any previous year, which bears the same proportion to the income of the spouse or minor child from the business as the value of the assets aforesaid as on the first day of the previous year bears to the total investment in the business by the spouse or the minor child as on the said day, shall be included in the total income of the individual in that previous year." 29. Omitted vide Section 35 of the Finance Act, 1992 w.e.f. 01-04-1993 before it was read as, "^18[(i) to the spouse of such individual from the membership of the spouse in a firm carrying on a business in which such individual is a partner;]" 30. Omitted vide Section 35 of the Finance Act, 1992 w.e.f. 01-04-1993 before it was read as, "^20[(iii) to a minor child of such Individual from the admission of the minor to the benefits of partnership in a firm;]" 31. Omitted vide Section 35 of the Finance Act, 1992 w.e.f. 01-04-1993 before it was read as, "(v) subject to the provisions of clause (i) of section 27, ^22[in a case not falling under sub-clause (iii) of this sub-section,] to a minor child....