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Income-tax Act, 2025 | Section 96

Section 96 - Transfer of income without transfer of assets

Assigning only the right to receive income does not shift the tax burden if the underlying asset remains with the transferor. The law looks past the payment route and taxes the income in the hands of the person who retained the income-producing asset.

Reviewed by CA Nikhil Gupta · Updated 9 October 2026

Section 96: operativeEffective 1 April 2026Tax Year 2026-27 onwardReviewed 8 October 2026
Current-law control

Section 96 is presented using the consolidated Income-tax Act, 2025 as amended by the Finance Act, 2026. The general commencement date is 1 April 2026. Earlier years and saved proceedings may remain governed by the Income-tax Act, 1961 and the repeal/savings framework.

2-minute professional decode

Assigning only the right to receive income does not shift the tax burden if the underlying asset remains with the transferor. The law looks past the payment route and taxes the income in the hands of the person who retained the income-producing asset.

Professional checkpoint: Separate the asset from the income stream. Review title, beneficial ownership, control, transfer documents and whether the recipient obtained the source asset or only its yield.

Who should test this section?

Section 96 is relevant to individuals and family structures when transfer of income without transfer of assets; advisers should trace the relationship, transfer and beneficiary mechanics instead of relying on ownership labels alone.

Evidence to retain

For section 96, retain relationship records, transfer instruments, consideration evidence, investment/capital-account workings and the attribution calculation connected with transfer of income without transfer of assets.

1961 Act bridge

Legacy provisionLegacy headingMapping
60Transfer of income where there is no transfer of assets.Renumbered / mapped

The bridge is a research aid. Legacy case law carries over only after the current wording and transition rules are matched.

Rules and forms linked to this section

No provision-specific Rule was independently mapped from the current Rules register for this section. That does not mean the wider Rules are irrelevant.

Worked application

An individual owns a commercial property but directs the tenant to pay the next three years’ rent to an adult relative. The property has not been transferred. The rent remains taxable in the owner’s total income under Section 96.

Common mistake

Under section 96, relationship by itself is neither enough nor irrelevant: clubbing must follow the precise statutory transfer, benefit and attribution conditions for transfer of income without transfer of assets.

Compliance approach

Identify the statutory trigger for section 96, lock the relevant tax year, reconcile the facts to the operative sub-section, preserve the evidence trail and separately test every linked Rule, Form, Schedule and exception before finalising the return position.

Numeric / timing checkpoints in the operative text

Related provisions

Current statutory text

96. All income arising to any person by virtue of a transfer,— (a) whether revocable or not, and whether effected before or after the commencement of this Act; and (b) where there is no transfer of assets from which such income arises, shall be chargeable to income-tax as the income of the transferor and shall be included in his total income.

Primary-source trail

Source status: full Section 96 statutory text in the local source corpus; reconciled to the current consolidated Act control on 8 October 2026.

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