Clarification on capital gains

Sarap (Professional) (26 Points)

13 February 2016  
Dear All, Good Evening. Pls some one clarify the below case: one person holding house property in his name since a long time sold it in the year 2015 and distributed the amount to his 2 sons and deposited some amount in the name of his wife in bank account. now one of the son purchased a house with that amount and registered in his name. My query is that whether the father can claim exemption under section 54 by saying that the house property purchased by the son is with fathers money. because Andhra Pradesh High Court in the case of Late Mir Gulam Ali Khan Vs. CIT, (1987) 165 ITR 228 (AP) has held that the object of granting exemption under Section 54 of the Act is that an assessee who sells a residential house for purchasing another house must be given exemption so far as capital gains are concerned. The word “assessee” must be given wide and liberal interpretation so as to include his legal heirs also. There is no warrant for giving too strict an interpretation to the word “assessee” as that would frustrate the object of granting exemption. Kindly clarify the tax issues in the hands of father, 2 sons and mother.