Uday Gopal Bhaskarwar v. ACIT (2020) 186 DTR 65 / 203 TTJ 776 (SMC) (Pune)(Trib.)

S. 64 : Clubbing of income–Set-off of business loss of the wife in the assessment of husband-Entire amount of loss resulting from the business started by wife with the gifts received from her husband is liable to be clubbed in the hands of the assessee. [S. 64(1) (iv)]

The assessee filed return declaring total income of Rs.4,59,830/-comprising, inter alia, Business income. During the course of assessment proceedings, the AO observed from the computation of total income that the assessee clubbed loss from the business of his spouse amounting to Rs.31,56,429/-in view of the provisions of S.  64 of the Act. On being called upon to justify such a claim, the assessee submitted that during the year under consideration he gifted a sum of Rs.94.50 lakh to Mrs. PritiBhaskarwar, his wife, who started business of Futures and Options (F&O) on 18-09-2013. The assessee claimed that she incurred loss of Rs.31,56,429/-in such business, which was clubbed in his hands. The AO accepted the primary claim of the assessee of his wife having incurred loss of Rs.31.56 lakh in the business of F&O, which was set up on 18-09-2013 and further that loss from such business was eligible for set off against the income of the assessee in terms of S.  64(1)(iv) read with Explanation 3 thereto. He, however, did not accept the assessee’s contention that the entire loss of Rs.31.56 lakh be set off against the assessee’s income. CIT (A) also affirmed the order of the AO. On appeal the Tribunal held that,  entire amount of loss resulting from the business started by wife with the gifts received from her husband is liable to be clubbed in the hands of the assessee. (AY. 2014-15)