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july 2014

Supreme Court of India · 2014-07-01

SH. SANJEEV LAL ETC. ETC. vs COMMISSIONER OF INCOME TAX CHANDIGARH&AN

Citation / case number
SC 2013/14075
Court
Supreme Court of India
Petitioner
SH. SANJEEV LAL ETC. ETC.
Respondent
COMMISSIONER OF INCOME TAX CHANDIGARH&AN
Author
ANIL R. DAVE
Bench
SHIVA KIRTI SINGH ANIL R. DAVE

Judgment text excerpt

The Supreme Court held that the appellants were entitled to the benefit of Section 54 of the Income Tax Act, 1961, which allows exemption from long-term capital gains tax when the proceeds from the sale of a residential property are reinvested in another residential property. The Court clarified that the delay in executing the sale deed due to a pending civil suit did not negate the applicability of Section 54, as the intention to reinvest was established. Consequently, the Court set aside the High Court's ruling and allowed the appeals, affirming the appellants' claim for exemption.

SH. SANJEEV LAL ETC. ETC. vs COMMISSIONER OF INCOME TAX CHANDIGARH&AN · Niyam