Income from Capital Gain – Sections 45, 46 and 54 (Detailed Analysis with Case Laws)
Under the Income-tax Act, 1961, when a person sells or transfers any of his capital assets—such as land, buildings, shares, or jewellery—and earns a profit, that profit is called a Capital Gain. The tax on such gain is charged under the head “Income from Capital Gains.”
Section 45 – Charging provision
Section 45 is the main charging section. It states that any profit or gain arising from the transfer of a capital asset during the previous year shall be chargeable to income tax in the year in which the transfer takes place.
In simple words, if you sell a property and make a profit, you must pay tax in that same year on the gain.
A transfer includes sale, exchange, relinquishment of rights, compulsory acquisition by government, or even conversion of a capital asset into stock-in-trade.
If the asset is held for more than 36 months (for immovable property, 24 months), the gain is treated as a long-term capital gain; otherwise, it is a short-term capital gain.
The general formula is:
Capital Gain = Sale Consideration – (Cost of Acquisition + Cost of Improvement)
Important Case Laws under Section 45
-
CIT v. Hind Construction Ltd (1972 SC)
The company revalued its land and credited the increased value to partners’ accounts.
The Supreme Court held that mere revaluation in the books is not a transfer, because no actual sale took place.
➤ Principle: Only a real, effective transfer attracts capital-gain tax. -
Mansukh Dyeing & Printing Mills v. CIT (2022 SC)
Partners received real monetary benefit after revaluation.
The Court ruled that such distribution amounts to transfer under Section 45(4), hence taxable.
➤ Principle: When partners actually get money or property, it becomes a taxable transfer.
Section 46 – Capital Gain on Company Liquidation
When a company goes into liquidation and distributes its assets or money to shareholders, the company itself is not taxed for such transfer.
However, the shareholder who receives the money or property is treated as if he has sold his shares, and the profit arising therefrom is taxed as capital gain.
- Jaykrishna Harivallabhdas v. CIT
The Court held that Section 46 creates a legal fiction: although there is no sale, the shareholder is deemed to have transferred his shares to the company.
Thus, the shareholder is liable to capital-gain tax, not the company.
Section 54 – Exemption on Sale of Residential House
Section 54 provides exemption to an individual or HUF who sells a long-term residential house and purchases or constructs another residential house.
If the entire capital-gain amount is reinvested, the gain is fully exempt; if only a part is reinvested, exemption is limited to that amount.
Conditions:
- The old asset must be a long-term residential house.
- The assessee must purchase another house
- within 1 year before or 2 years after the sale, or
- construct one within 3 years after the sale.
- Unutilized amount must be deposited in the Capital Gain Account Scheme before filing the return.
Important Cases
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Prema P. Shah v. CIT
Buying mere tenancy rights does not qualify; the assessee must actually acquire ownership of a residential house to claim exemption. -
CIT v. R. L. Sood
The assessee had paid advance and taken later possession of a new flat.
The Court held that since his intention was to purchase a house, exemption under Section 54 could not be denied.
Conclusion
Sections 45, 46, and 54 together form the backbone of the capital-gain provisions under the Income-tax Act.
Section 45 charges the gain on real transfer of assets; Section 46 taxes shareholders in the event of company liquidation; and Section 54 provides relief when an assessee reinvests in a new residential house.
These provisions maintain a fair balance—ensuring the government receives due revenue while encouraging reinvestment and genuine housing development.
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