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83. Income from revocable transfer of assets, etc:-
(1)
All income arising to any person by virtue of revocable transfer of assets
shall be chargeable to tax as the income of the transferor and shall be
included in his total income.
(2)
The provisions of sub-section (1) shall not apply to any income arising
to any person by virtue of a transfer which is not revocable during the
life-time of the beneficiary and the transferor derives no direct or indirect
benefit from such income.
(3)
All income arising by virtue of a transfer, whether revocable or not,
and whether effected before or after the commencement of this Ordinance
shall, where the assets remain the property of the transferor be chargeable
to tax as the income of the transferor and shall be included in his total
income.
(4)
All income derived from any asset transferred by an assessee directly
or indirectly to-
(a)
his spouse, otherwise than for adequate consideration, or in connection
with an agreement to live apart; or
(b)
any minor child of the assessee otherwise than for adequate consideration;
or
(c)
any person for the benefit of his spouse or any minor child, or both,
otherwise than for adequate consideration, shall
be chargeable to tax as the income of the transferor, and shall be included
in his total income.
(5)
For the purpose 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 assets to the transferor, or
(ii)
it gives, in any way, the transferor a right to resume power, directly
or indirectly over the whole or any part of the assets;
(b)
"transfer" includes any disposition, settlement, trust, covenant,
agreement or arrangement; and
(c)
"minor child" does not include a married daughter.
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