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Shri Rajeev Nataraj Legal Heir Of Late ... vs Income Tax Officer Ward-10(2), ... on 31 March, 2022
cites
Section 148 in The Income Tax Act, 1961 [Entire Act]
Section 147 in The Income Tax Act, 1961 [Entire Act]
Section 54F in The Income Tax Act, 1961 [Entire Act]
The Finance Act, 2018
Section 234B in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income Tax-Vii vs Gita Duggal on 29 August, 2014
Similar is the view
taken by Hon'ble Delhi High Court in case of Gita Duggal supra.
We also rely on extracts of Explanatory note to provisions of
Finance (No. 2) Act, 2014 reads as under:
The Commissioner Of Income Tax vs Late Khoobchand M Makhija on 18 December, 2013
Hon'ble Supreme Court in case of CIT v. Gita Duggal reported in (2014)
52 taxmann.com 246,
Hon'ble Karnataka High Court in case of CIT v. Smt. Jyothi K. Mehta
reported in (2011) 12 taxmann.com 440,
Page 15 of 17
ITA No. 848/Bang/2019
Hon'ble Karnataka High Court in case of D. Anand Basappa reported
in (20019 180 Taxman 4
Hon'ble Karnataka High Court in case of KG Rukminiamma reported in
(2010) 8 taxmann.com 121
B. Srinivas v. ITO in ITA No. 1134 of 2008, by order dated
4/07/2014,
CIT v. Late Khoobchand M. Makhija in ITA No. 496 of 2007,by order
dated 18/12/2013
Hon'ble Madras High Court in case of Tilokchand & Sons v. ITO
reported in (2019) 105 taxmann.com 151,
Hon'ble Delhi High Court in case of CIT v. Gita Duggal reported in
(2013) 30 taxmann.com 230,
Hon'ble Madras High Court in case of CIT v. Smt. V.R. Karpagam
reported in (2014) 50 taxmann.com 55
On the contrary, the Ld.Sr.DR placed reliance on the orders
passed by authorities below.
The Commissioner Of Income Tax vs Jyothi K Mehta on 5 January, 2011
16. Hon'ble Karnataka High court in case of Smt. KG
Rukminiamma (supra) dealt with the meaning of expression 'a
residential house' used in Section54(1) of the Act while taking
into account Section 13(2) of the General Clauses Act, 1897 held
that unless there is anything repugnant in the subject or context,
the words in singular shall include the plural and vice versa. It
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ITA No. 848/Bang/2019
was further held that context in which the expression 'a
residential house' is used in Section 54 makes it evident that it is
not the intention of the legislature to convey the meaning that it
refers to a single residential house. It was also held that an asset
newly acquired after sale of original asset can also be buildings or
lands appurtenant thereto, which also should be residential
house, therefore, the letter 'a' in the context it is used should not
be construed as meaning singular, but the expression should be
read in consonance with other words viz., buildings and lands.
Similar view was taken by Hon'ble Karnataka High Court in case
of Khoobchand M. Makhijasupra, B. Srinivassupra and in the case
of Smt. Jyothi K Mehtasupra.