Income Tax Act, 1961
Section 9: The Explanation omitted by s. 32, ibid. (w.e.f. 11988).
9. The Explanation omitted by s. 32, ibid. (w.e.f. 11988).
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(ii) made before the 1st day of April, 1961, which is not revocable for a period exceeding six
years:
Provided that the transferor derives no direct or indirect benefit from such income in either case.
(2) Notwithstanding anything contained in sub-section (1), all income arising to any person by virtue
of any such transfer shall be chargeable to income-tax as the income of the transferor as and when the
power to revoke the transfer arises, and shall then be included in his total income.
63. “Transfer” and “revocable transfer” defined. —For the purposes of sections 60, 61 and 62 and
of this section,—
(a) a transfer shall be deemed to be revocable if—
(i) it contains any provision for the re-transfer directly or indirectly of the whole or any part
of the income or assets to the transferor, or
(ii) it, in any way, gives the transferor a right to re-assume power directly or indirectly over
the whole or any part of the income or assets ;
(b) “transfer” includes any settlement, trust, covenant, agreement or arrangement.
64. Income of individual to include income of spouse, minor child, etc. — 1[2[(1)] In computing
the total income of any individual, there shall be included all such income as arises directly or
indirectly—
3 * * * * *
(ii) to the spouse of such individual by way of salary, commission, fees or any other form of
remuneration whether in cash or in kind from a concern in which such individual has a substantial
interest:
4[Provided that nothing in this clause shall apply in relation 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 ;
5* * * * *
(iv) subject to the provisions of clause (i) of section 27, 6*** to the spouse of such individual
from assets transferred directly or indirectly to the spouse by such individual otherwise than for
adequate consideration or in connection with an agreement to live apart;
7* * * * *
(vi) to the son’s wife, 8*** of such individual, from assets transferred directly or indirectly on or
after the 1st day of June, 1973, to the son’s wife 7*** by such individual otherwise than for adequate
consideration; 9***
(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; 10*** and
made before the 1st day of April, 1961, which is not revocable for a period exceeding six
years:
Provided that the transferor derives no direct or indirect benefit from such income in either case.
Notwithstanding anything contained in sub-section
a transfer shall be deemed to be revocable if—
it contains any provision for the re-transfer directly or indirectly of the whole or any part
of the income or assets to the transferor, or
it, in any way, gives the transferor a right to re-assume power directly or indirectly over
the whole or any part of the income or assets ;
“transfer” includes any settlement, trust, covenant, agreement or arrangement.
64. Income of individual to include income of spouse, minor child, etc. — 1[2[
to the spouse of such individual by way of salary, commission, fees or any other form of
remuneration whether in cash or in kind from a concern in which such individual has a substantial
interest:
4[Provided that nothing in this clause shall apply in relation 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 ;
5* * * * *
subject to the provisions of clause
of section 27, 6*** to the spouse of such individual
from assets transferred directly or indirectly to the spouse by such individual otherwise than for
adequate consideration or in connection with an agreement to live apart;
7* * * * *
to the son’s wife, 8*** of such individual, from assets transferred directly or indirectly on or
after the 1st day of June, 1973, to the son’s wife 7*** by such individual otherwise than for adequate
consideration; 9***
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; 10*** and