Answer

ITR

F&O traded in spouse's account with my money

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  1. Facts

    If you give money to your spouse without adequate consideration and it is used to earn income, that income may be clubbed with yours. This makes the spouse's F&O profit taxable in your hands in many cases.

  2. Provisions and law

    • Sec 64 (now Sec 99)Clubbing of income, including income from assets transferred to a spouse
  3. Analysis

    If you transferred ₹10,00,000 to your wife and she made ₹2,00,000 F&O profit with it, that profit may be added to your income. Losses can also be clubbed. Keeping clear records of gifts and funds, or using a proper loan with interest, avoids confusion. Get advice before mixing accounts.

  4. Conclusion

    1. Trace the source of funds in the spouse's account
    2. Decide whether clubbing applies
    3. Report the income in the right return
    4. Keep documents for transfers between spouses

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