Income Tax Act | Long Term Capital Gains Exemption Available Even If Residential House Was Demolished Before Sale: Madras High Court

The Madras High Court held that the Long-Term Capital Gains exemption under Section 54 of the Income Tax Act cannot be denied merely because the residential house was demolished before its sale. The bench stated that since the sale took place later and the assessee reinvested the capital gains in another house within the prescribed time, the exemption is allowable. Section 54 of the Income Tax Act, 1961, provides a Long-Term Capital Gains (LTCG) exemption when an individual or HUF sells a residential property and reinvests in another residential property in India. Section 54F of the Income Tax Act, 1961, provides an exemption on Long-Term Capital Gains (LTCG) arising from the sale of any asset other than a residential house. This includes assets like plots of land, commercial property, gold, or shares. Justices Anita Sumanth and K. Govindarajan Thilakavadi stated that Sections 54 and 54F are not two sides of the same coin. They are stand-alone provisions requiring satisfaction of the conditions mentioned therein. Any claim for relief by an assessee can be considered and granted by the authorities only if a claim is made indicating compliance with those conditions. In the case at hand, the assessee/appellant, along with his parents and HUF, owned a residential property in Chennai. On 15.12.1994, a Joint Development Agreement (JDA) was entered into with a builder for the development of the property. While so, the property had, admittedly, been demolished in 1995 pursuant to the execution of the JDA. The father of the assessee passed away on 03.11.1996, after which the assessee inherited a share in the property. During the financial years relevant to Assessment Years 1999-2000 and 2001-2002, the assessee and his mother executed sale deeds in March 1999 and later years, transferring their respective undivided shares in the property. The assessee had sought relief under Section 54 of the Income Tax Act on the ground that he had re-invested in a residential property in New Delhi on 30.01.2001 and was hence eligible for relief under Section 54 of the Act. The assessment order was passed on the ground that there was no proof placed before the officer with regard to re-investment. Hence, the entire amount had been brought to tax as Long Term Capital Gains. Aggrieved, the assessee filed an appeal before the Commissioner of Income Tax (Appeals), which was allowed. The revenue filed an appeal before the Tribunal, which was allowed. The Tribunal held that Section 54 was not applicable to the facts of the case, as re-investment had not been made under Section 54(2). The property had been demolished in the year ending 31.03.1995 itself, and hence, there was no residential house that stood on the property in the financial years relevant to the assessment years when the capital gains benefit had been claimed. The bench stated that the circumstance adumbrated under Section 54(2) does not stand attracted, as the assessee has exercised the option of re-investment in residential property within the time stipulated under Section 54(1) of the Act. Section 54(2) cannot be insisted upon effacing the option available to an assessee to either invest the gain in a Scheme, or re-invest/construct a new property. The assessee in this case has availed the option of re-investment in property within the stipulated time, and that would suffice. The bench noted that the date of transfer is March, 1999. Hence, the purchase of an asset in New Delhi on 30.01.2001 would fall within the period of one year after the date on which the transfer took place, per the stipulation under Section 54(1) of the Act. The bench disagreed with the Department that, as the property had been demolished in 1995 itself, Section 54 would be inapplicable in the year 1999. In view of the above, the bench held that the assessee is entitled to the exemption under Section 54 of the Income Tax Act. Case Title: C. Aryama Sundaram v. The Commissioner Of Income Tax, Chennai Case Number: TCA Nos. 1161, 1163, 1164 and 1162 of 2009 Counsel for Appellant/Assessee: Arvind P. Datar Counsel for Respondent/Department: J. Narayanaswamy Click Here To Read/Download Order

Income Tax Act | Long Term Capital Gains Exemption Available Even If Residential House Was Demolished Before Sale: Madras High Court

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