C.I.T RTK vs. VARINDER NATH
What did the High Court hold?
The High Court held that the assessee-HUF was not entitled to exemption under Section 54B(1) of the Income Tax Act, 1961. The Court followed its own earlier judgment in Raghunath Dass Sethi v. CIT, (2005) 277 ITR 341, which in turn followed the Delhi High Court's decision in CIT v. KC Sahni (HUF), (2000) 246 ITR 299. These judgments established that prior to the amendment in 1988, the benefit of Section 54 of the Act was not available to an HUF. The Court also noted that various other High Courts, including Madhya Pradesh, Andhra Pradesh, Gujarat, and Rajasthan, had expressed a similar view. Therefore, the question referred was answered in favour of the revenue and against the assessee. The reference was disposed of accordingly.
What were the facts?
The Commissioner of Income Tax, Rohtak (Revenue) has filed a reference application before the High Court of Punjab and Haryana at Chandigarh against an order dated 30.11.1990 passed by the Income Tax Appellate Tribunal 'B' Bench, New Delhi. The appeal before the Tribunal was in ITA No.3426/Del./1988 concerning assessment year 1979-80. The dispute pertains to whether the assessee, a Hindu Undivided Family (HUF), was entitled to exemption under Section 54B(1) of the Income Tax Act, 1961. The amount in dispute is not specified. The High Court is asked to opine on the correctness of the Tribunal's decision.
What were the issues?
1. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the assessee-HUF will be entitled to exemption under section 54B(1) of the Income Tax Act, 1961? Assessee's Contention: The judgment does not record any specific contentions made by the assessee before the High Court. However, the fact that the Tribunal granted the exemption implies the assessee argued for its eligibility. Revenue's Contention: The revenue relies on the judgment of the Madras High Court in CIT v. R.Vijayakumar, (1995) 214 ITR 483, and its earlier judgment in CIT v. GK Devarajulu, (1991) 191 ITR 211, to argue that Section 54B of the Income Tax Act, 1961, was not available to an HUF and was only available to an individual.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
JUDGMENT: Following question has been referred for opinion of this Court by the Income Tax Appellate Tribunal 'B' Bench, New Delhi (for short, 'the Tribunal) arising out of its order dated 30.11.1990 in ITA No.3426/Del./1988, in respect of assessment year 1979-80:- “Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal, was right in holding that the assessee-HUF will be entitled to exemption under section 54 B(1) of the Income Tax Act, 1961?” Learned counsel for the revenue relies upon judgment of the Madras High Court in CIT v. R.Vijayakumar, (1995) 214 ITR 483, holding that provision of Section 54B of the Income Tax Act, 1961 (for short, 'the Act') was not available to HUF and was available only to an individual. Reliance was also placed on its earlier judgment in CIT v. GK Devarajulu, (1991) 191 ITR 211. We find that an identical issue has already been gone into by ITR No.58 of 1991 2 this Court in Raghunath Dass Sethi v. CIT, (2005) 277 ITR 341, wherein following the judgment of Delhi high Court in CIT v. KC Sahni (HUF), (2000) 246 ITR 299, it was held that prior to amendment in the year 1988, the benefit of Section 54 of the Act was not available to the assessee, which is HUF. Similar view has been expressed by various High Courts in Kanhyalal and Ramswaroop v. CIT, (1984) 149 ITR 157 (MP), Shrigopal Rameshwardas v. Addl.Commissioner of Income Tax, MP, (1979) 119 ITR 980 (MP), Smt.Rampyaribai Narayandas v. CIT, MP, Bhopal, (1984) 147 ITR 223 (MP), Anam Venkata Krishna Reddy v. CIT, (1988) 172 ITR 425 (AP), Ravindra Gunvantlal Shah v. CIT, (1994) 208 ITR 995 (Guj.) and Pravin Chand Mohin Kumar v. CIT, (1994) 208 ITR 11 (Raj.). Concurring with the view already expressed by this Court in Raghunath Dass Sethi's case (supra). None appears for the assessee. Following the above view, we answer the question in favour of the revenue and against the assessee. Reference is disposed of accordingly. (Adarsh Kumar Goel) Judge October 30, 2006 (Rajesh Bindal) 'gs' Judge
More judgments on Section 54B
- Jagdishbhai Vasharambhai Italiya, Ahmedabad vs The ITO, Ward-3(1)(1), AhmedabadITA 150/AHD/2026[2015-16]Status: Disposed14 Oct 2026AY 2015-16
- Sheela Devi, Etawah vs ITO, Ward 2(2)(5), EtawahITA 419/AGR/2026[2015-16]Status: Disposed12 Oct 2026AY 2015-16
- Shailendra Kumar Sogani, Bhopal vs Deputy Commissioner of Income Tax 4(1)…ITA 1076/IND/2025[2012-13]Status: Disposed12 Oct 2026AY 2012-13
- Nohar Yadav, Mandir Hasoud, Teh. Arang vs Income Tax Officer - Ward 1(2), Raipur…ITA 640/RPR/2026[2018-19]Status: Disposed9 Oct 2026AY 2018-19
- Nohar Yadav, Mandir Hasoud, Teh. Arang vs Income Tax Officer - Ward 1(2), Raipur…ITA 639/RPR/2026[2018-19]Status: Disposed9 Oct 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- Sanjay Maheshwari vs. Union Of INDIA & Ors.Delhi · 14 Oct 2026
- Iyyanan Eswaran vs. The Appellate Deputy Commissioner (St) (GST)Madras · 14 Oct 2026
- M/S Dc Security Services vs. Commissioner Of Central Goods And Services TaxUttarakhand · 14 Oct 2026
- M/S Shreekanth Enterprises vs. Joint Commissioner AppealsUttarakhand · 14 Oct 2026
- Sharad Ashok Agarwal vs. State Of Maharashtra Through G.P. And OrsBombay · 14 Oct 2026