Case-Law Backed Practical Note (Finin2min)

1️⃣ STATUTORY FRAMEWORK (FOUNDATION)

🔹 Section 64(2) — Core Provision

Where an individual transfers self-acquired property to an HUF otherwise than for adequate consideration,
➡️ Income from such property shall be clubbed in the hands of the individual.

📌 Trigger words:

  • “individual being a member of an HUF”
  • “separate property”
  • “converted into HUF property”
  • “otherwise than for adequate consideration”

2️⃣ WHAT IS “SEPARATE PROPERTY”?

Nature of PropertyStatus
Self-acquired property of Karta/memberSeparate property
Inherited ancestral propertyHUF property
Property received by HUF under a willHUF property
Property purchased from HUF fundsHUF property

3️⃣ CORE PRINCIPLE FROM JUDICIARY

Tax law looks at the source of funds, not the label of ownership.

If the source traces back to individual funds, clubbing applies —
even if books, deeds, or resolutions say “HUF”.


4️⃣ LEADING CASE LAWS (CLUBBING UPHELD)

🔴 1. Surjit Lal Chhabda v. CIT (SC)

Facts:
Individual threw self-acquired property into HUF.

Held:
➡️ Property remains individual property for tax purposes
➡️ Income is clubbed

📌 Key Ratio:
Unilateral declaration does not change tax character.


🔴 2. CIT v. Keshavlal Lallubhai Patel (SC)

Facts:
Self-acquired assets converted into joint family property (partition treated as indirect transfer).

Held:
➡️ Clubbing applies under Section 64
➡️ Substance over form


🔴 3. CIT v Popatlal Mulji (Bom HC)

Facts:
Funds introduced by individual into HUF without consideration.

Held:
➡️ Income taxable in individual’s hands
➡️ Mere accounting entries insufficient


5️⃣ CASE LAWS WHERE CLUBBING DID NOT APPLY

🟢 4. CIT v. P. N. Krishna Iyer (SC)

Facts:
Property inherited as ancestral property.

Held:
➡️ Income belongs to HUF
➡️ No clubbing

📌 Key Distinction:
Source was inheritance, not individual transfer.


🟢 5. CIT v. Ashok Kumar (P&H HC)

Facts:
HUF received property under a will.

Held:
➡️ Valid HUF corpus
➡️ Income taxed in HUF hands


🟢 6. CIT v. Sitaldas Tirathdas (SC)

Principle laid down:
Real income theory — tax follows real ownership and obligation, not arrangements.

📌 Often cited in anti-clubbing defences.


6️⃣ GIFTS TO HUF — JUDICIAL POSITION

Gift SourceClubbing Risk
Parents / grandparents❌ No clubbing (with proof)
Relatives (others)⚠️ Scrutiny dependent
Member’s own funds❌ Clubbing applies

📌 Documentation is decisive:
Gift deed + bank trail + donor capacity.


7️⃣ LOAN TO HUF — SAFEST STRUCTURE (JUDICIALLY ACCEPTED)

Courts have consistently distinguished loans from transfers.

✔ Conditions for Loan Defence:

  • Written loan agreement
  • Reasonable interest rate
  • Repayment terms
  • Actual repayment
  • Proper accounting

📌 Result:
HUF income not clubbed, interest taxed in lender’s hands.


8️⃣ FREQUENT DEPARTMENTAL ARGUMENTS (AND COUNTERS)

Department ArgumentJudicial Counter
“HUF is colourable device”Show independent corpus
“No real separation”Produce bank & books
“Income diverted”Prove loan / inheritance
“Only tax motive”Motive irrelevant if lawful

9️⃣ PRACTICAL CLUBBING RISK MATRIX

ScenarioClubbing Outcome
Self-acquired funds transferred❌ Clubbing
Ancestral property income✔ No clubbing
Gift from parents with deed✔ No clubbing
Loan with agreement✔ No clubbing
Informal cash funding❌ Clubbing
Mixed personal & HUF accounts❌ Adverse inference

🔟 DRAFT DEFENCE PARAGRAPH

“The income earned by the HUF is derived from independently sourced corpus comprising ancestral assets / gifts / loans duly supported by documentation. No self-acquired property of the Karta or any member has been transferred to the HUF otherwise than for adequate consideration. Hence, provisions of Section 64 are not attracted, as consistently held by judicial precedents including Surjit Lal Chhabda (distinguished on facts) and P. N. Krishna Iyer.”


🧠 FININ2MIN FINAL TAKEAWAY

  • Clubbing is source-driven, not structure-driven
  • Self-acquired → HUF = high risk
  • Loan ≠ transfer
  • Ancestral & testamentary sources are safest
  • Documentation is your primary defence, not explanations

⚠️ Disclaimer

This note is for general information and educational purposes only and does not constitute legal or tax advice. Judicial interpretations may vary based on facts. Professional advice should be obtained before acting.

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