Section 5A
Apportionment of income between spouses governed by Portuguese Civil Code. Repealed
About this Act
An Act to consolidate and amend the law relating to income-tax and super-tax
1(1)
Where the husband and wife are governed by the system of community of property (known under the
Portuguese Civil Code of 1860 as “COMMUNIAO DOS BENS”) in force in the State of Goa and in the
Union territories of Dadra and Nagar Haveli and Daman and Diu, the income of the husband and of the
wife under any head of income shall not be assessed as that of such community of property (whether
treated as an association of persons or a body of individuals), but such income of the husband and of the
wife under each head of income (other than under the head “Salaries”) shall be apportioned equally
between the husband and the wife and the income so apportioned shall be included separately in the total
income of the husband and of the wife respectively, and the remaining provisions of this Act shall apply
accordingly.
(2) Where the husband or, as the case may be, the wife governed by the aforesaid system of community of property has any income under the head “Salaries”, such income shall be included in the total income of the spouse who has actually earned it.
(2) Where the husband or, as the case may be, the wife governed by the aforesaid system of community of property has any income under the head “Salaries”, such income shall be included in the total income of the spouse who has actually earned it.
Notes
1. Ins. by Act 32 of 1994, s. 4 (w.e.f. 1-4-1963).