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Issues involved: Interpretation of section 54 of the Income-tax Act, 1961 in relation to the applicability of capital gains tax exemption to a legal heir who constructed a residential house after selling inherited property.
Summary: The High Court of Madras considered a reference under section 256(1) of the Income-tax Act, 1961, regarding the applicability of section 54 of the Act to the assessment of a legal heir for the year 1970-71. The deceased, an engineer, sold his property in Ernakulam and purchased a vacant site in Madras for constructing a residential house. The legal heir, his son, completed the construction and resided in the new house. The Income Tax Officer (ITO) rejected the claim for exemption under section 54, stating that the legal heir did not purchase the property within two years of the sale. The Appellate Authority and Tribunal upheld the decision, leading to the reference before the High Court. The Court analyzed the provisions of sections 45 and 54 of the Income-tax Act, emphasizing the conditions for claiming exemption under section 54. It was established that the deceased used the Ernakulam property for residential purposes, and the legal heir constructed a house in Madras within two years of the sale. The Court rejected the revenue's argument that there must be identity between the seller and the purchaser, stating that the legal representative can benefit from section 54 as part of the capital gains taxation scheme. The Court highlighted the purpose of section 54 to provide relief to individuals reinvesting capital gains in a new property after selling a residential property. Referring to a previous decision, the Court distinguished the case at hand from the precedent, emphasizing that the legal heir was being assessed as the deceased, and thus, the exemption under section 54 applied. Consequently, the Court ruled in favor of the assessee, granting the benefit of section 54 and awarding costs to the assessee.
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