Section 63: Revocable transfer

By | February 16, 2016

‘Revocable transfer’ means the transferor of asset assumes a right to re-acquire asset or income from such an asset, either whole or in parts at any time in future, during the lifetime of transferee. It also includes a transfer which gives a right to re-assume power of the income from asset or asset during the lifetime of transferee. 

S. 63 says that a transfer will be deemed to be revocable, if-

  • there is any provision for re-transfer ever of the income or asset in anyway whatsoever to the transferor
  • there is any provision through which transferor can reassume the power over whole/part of the income or asset.

For instance- Assessee just before receiving interest transferred debentures to his brother and immediately after receipt of the debenture interest by his brother reacquires them. In such a case the debenture interest will be clubbed in the hands of assessee. This is also the example of Bond washing transaction (S. 94(1)).

Reference:

As Per Section 63, of the Income Tax Act, 1961-

“Transfer” and “revocable transfer” defined.

For the purposes of S. 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.

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