ITAT Mumbai deletes Section 69 addition, holding wife’s property investment not automatically attributable to husband.
Joint Ownership ≠ Husband’s Income Attribution
The ITAT Mumbai deleted a Section 69 addition of ₹28.28 lakh made on the premise that property investments by a wife were attributable to her husband due to joint ownership.
The tribunal held that mere joint ownership does not establish attribution, especially when the wife had independent sources. The addition was speculative. However, ₹19.53 lakh was remanded for verification of funding sources.
This decision affirms gender-neutral assessment and recognizes financial autonomy of spouses. It cautions against assumptions based on marital relationships. Assessing Officers must examine evidence of actual funding, not infer ownership from titles alone. Practitioners should challenge additions based on spousal attribution absent proof.
Citations
- Section 69, Income Tax Act
