1984 (11) TMI 52 - HC - Income Tax

Court rules capital gains from liquidation taxable under Income-tax Act, distinguishing sec 45, upholding assessments.

The High Court held that the capital gains received by the assessee in Tax Case No. 8 of 1974 and Tax Case No. 12 of 1974 were assessable under section ... Capital Gains, Liability To Tax Issues:1. Whether the amount received by the assessee is assessable under the head 'Capital gains'Rs.2. Whether the provisions of section 52(1) of the Income-tax Act, 1961 are applicable in the given casesRs.Analysis:Tax Case No. 8 of 1974:In this case, the assessee received properties from a company on voluntary liquidation. The Income-tax Officer valued the assets higher than the liquidator's valuation, resulting in a capital gain assessment of Rs. 14,560. The Appellate Assistant Commissioner vacated the reassessment order, citing the absence of approval under section 52(2). The Tribunal, relying on precedent, dismissed the departmental appeal. The High Court held that the Tribunal erred in applying the precedent and determined that the capital gain was assessable under section 46(2) of the Act, not section 45. The court upheld the capital gain assessment of Rs. 14,560.Tax Case No. 12 of 1974:In this case, the assessee received land from a company on liquidation. The Income-tax Officer assessed a capital gain of Rs. 30,900 due to undervaluation by the liquidator. The Appellate Assistant Commissioner and the Tribunal both ruled in favor of the assessee, stating that no capital gains arose. The High Court disagreed, stating that section 46(2) applied, making the assessee liable for the capital gain. The court upheld the assessment of Rs. 30,900 as capital gains.Legal Interpretation:The High Court clarified that section 46(1) exempts the company from capital gains tax on asset distribution during liquidation, while section 46(2) imposes the liability on the shareholder. The court emphasized the Income-tax Officer's duty to determine the market value of assets received by the shareholder. The court rejected the argument that section 2(24) excludes capital gains under section 46(2) from taxation, stating that the inclusive definition in section 2(24) covers all capital gains chargeable under the Act. The court cited a previous case to support its decision and held that the Tribunal had wrongly applied the precedent. Consequently, the court affirmed the capital gain assessments in both cases.This judgment clarifies the distinction between sections 45 and 46(2) of the Income-tax Act and underscores the importance of accurate valuation in determining capital gains during company liquidation.