Case Law Details

Case Name : Ganta Vijaya Lakshmi Vs Income-tax Officer (Andhra Pradesh High Court)
Appeal Number : Income Tax Appeal No. 279 OF 2014
Date of Judgement/Order : 24/04/2014
Related Assessment Year :
Courts : All High Courts (4158) Andhra Pradesh HC (76)

Language of the Section 54F and 54B is very clear that it relates to unmarried daughters. Here the undisputed fact is that the property is purchased in the name of married daughters. When the Legislature thought it fit to specify the words ‘unmarried daughters’, the Court cannot substitute the words.  So Tribunal was right in holding that the assessee/appellant is not entitled to claim deductions under Sections 54B and 54F of the Income Tax Act with regard to the two properties purchased by her in the name of her two married  daughters despite being the fact that are the  only successors of the Assessee.

High Court Of Andhra Pradesh

Ganta Vijaya Lakshmi

Vs.

Income-tax Officer

Income Tax Appeal No. 279 OF 2014

Date- 24.04.2014

JUDGMENT

Kalyan Jyoti Sengupta, CJ.

This appeal is sought to be preferred and admitted against the judgment and order of the learned Tribunal dt.22.7.2013, in relation to assessment year 2008-2009, on the following suggested question of law:

“Whether on the facts and circumstances of the case, the Hon’ble Tribunal was right in holding that the assessee/appellant is not entitled to claim deductions under Sections 54B and 54F of the Income Tax Act with regard to the two properties purchased by her in the name of her two daughters, who are her only successors.”

2. We have heard Sri A.V.A. Krishna Koundinya, learned Senior Counsel, appearing for the appellant.

3. The learned Senior Counsel submits that his client is entitled to the benefit under the provisions of Sections 54B and 54F of the Income Tax Act, 1961. He further submits that the words used in those Sections should be given liberal interpretation as the property has been purchased in the name of appellant’s daughters who are also her heirs. The intention of the Legislature is to extend the benefit to the members of the family which includes married daughters who are possible legal heirs.

4. We are unable to accept the contentions as the language of the aforesaid Sections is very clear that it relates to unmarried daughters. Here the undisputed fact is that the property is purchased in the name of married daughters. When the Legislature thought it fit to specify the words ‘unmarried daughters’, the Court cannot substitute the words. Therefore, we do not find any illegality or infirmity in the impugned judgment and order in any manner.

5. We therefore dismiss the appeal as no point of law is involved, much less substantial question of law. There will be no order as to costs.

More Under Income Tax

Posted Under

Category : Income Tax (27505)
Type : Judiciary (11709)
Tags : high court judgments (4470) Section 54F (171)

0 responses to “No Section 54F exemption on Property Purchased in married daughters name”

  1. DEV says:

    SIR,

    Can you provide the full judgement of this case, because i search it but could not able to find it.

  2. CA Gajanand Gupta says:

    Married Daughter has become member of a new family just after getting married, therefore un-married daughters should always have prevalage.

  3. reddysreerama says:

    The appellant could have purchased both properties in her own name and them could have bequeath a will in her daughters’ name so that the income tax unde section 54f could have been applied.

  4. Shankar says:

    The legislature thought it fit to specify the words “Unmarried Daughters”, which to my mind seem to be an injustice to “Married Daughters”. When the legislature has thought it fit that all the children, irrespective of married or unmarried have a right over the property, in the absence of a will, why cannot the parent/s of a “Married Daughter” invest in property in their daughter’s name.
    The law should be suitably amended to remove this disparity. We have to change with the situation.

  5. S Sudarshana says:

    Un-married daughter cannot be treated or considered as identical to married daughter.

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