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When A Wife Can Not Be Taxed For Her Earning?

I am a resident Indian, housewife, not employed. For FY 2007-08, I received an amount more than Rs.1,45,000 from my husband, who is an NRI, as gift through regular banking channels, all of which I have invested in shares. I have sold off some of these for a net profit of around Rs.550/-(before 1 year of acquiring these). I have no other source of income. Am I liable to file a return and if so in which form and what is the last date for the same?Sreela Mahambare , Pune

Gift from husband is completely tax free , as it is a receipt from husband who is defined as relative under section 56(2) (vi) of the I T Act. However, by virtue of section 64 of the I T Act, any income generated out of gift from husband shall be clubbed with income of your husband and accordingly taxed in his hand only. Section 64 (iv) related to clubbing of income of spouse out of assets transferred without consideration is given as under

64. (1)In computing the total income of any individual, there shall be included all such income as arises directly or indirectly(iv) subject to the provisions of clause (i) of section 27,

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 ;


In the present case, since the income is only Rs 555,it should be added to your husbands total income if he files return in India. If he has no income in India and does not file any return , he is not required to file the Return because Rs 555 is much below Rs 1,10,000 of basic exemption available to him.

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