HANS KUMAR HUF,DELHI vs. CIT(A), NFAC, DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the sale deed executed on 23.03.2011, transferring title and liabilities, should be considered for AY 2011-12, irrespective of the later registration date. The denial of cost of acquisition and indexation was incorrect.
What were the facts?
The assessee was aggrieved by the denial of cost of acquisition and indexation for computing Long Term Capital Gain. The lower authorities denied these benefits for AY 2011-12, stating the asset was acquired in AY 2012-13 based on the registration date of the sale deed.
What were the issues?
Whether the cost of acquisition and indexation for Long Term Capital Gain should be considered from the date of execution of the sale deed or its registration date.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI
Before: SHRI SATBEER SINGH GODARA
आयकर आयकर अपीलीय आयकर आयकर अपीलीय अपीलीय अिधकरण अपीलीय अिधकरण अिधकरण, �द�ली अिधकरण �द�ली �द�ली पीठ� �द�ली पीठ� पीठ�, नई पीठ� नई नई �द�ली नई �द�ली �द�ली �द�ली INCOME TAX APPELLATE TRIBUNAL, DELHI BENCHES, ‘SMC’NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER
ITA 4746/DEL/2026 िनधा�रणवष�/AssessmentYear:2016-17) HANS KUMAR HUF CIT(A), NFAC 110, SHRESTHA VIHAR, DELHI- CIT(A), NFAC Vs. 110092, DELHI DELHI-110092, DELHI अपीलाथ�Appellant ��थ� Respondent Permanent Account Number of Assessee: AABHH9417H
अपीलाथ��ारा/Appellant represented by: Sh. Sumant Choubey, CA ��थ��ारा/Respondentrepresented by: Sh. Nirmal Nangia, Sr.DR
सुनवाईकीतारीख/Date of conclusion of hearing: 07.07.2026 घोषणाकीतारीख/Date of pronouncement: 07.07.2026 आदेश / ORDER
This assessee’s appeal for assessment year 2016-17, arises against the Ld. Addl/JCIT(Appeals), Agra’s order in Appeal No. DIN & Order No.ITBA/APL/S/250/2025-26/1076820262(1), dated 09.06.2025 involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused. 2. For the reasons stated in the assessee’s condonation averments, delay of 241 days in filing of the instant appeal is condoned in light of Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC). 3. It emerges during the course of hearing that the assessee’s/HUF herein; is aggrieved against both the learned lower authority’s action denying it cost of acquisition and indexation for the purpose of computing Long Term
ITA 4746/DEL/2026 HANS KUMAR HUF
Capital Gain which forms the sole subject matter of adjudication before the
tribunal.
Learned DR vehemently submits that given the fact that the assessee
had acquired a Long Term Capital Gain on 29.04.2011, it has rightly been
assessed for the relevant amount cost of acquisition and indexation from
impugned assessment year 2012-13 and not from preceding year i.e. AY
2011-12.
The assessee on the other hand has placed on record a copy of
relevant purchase deed dated 23.03.2011 to the effect that merely because
the same got registered dated 29.04.2011, it could not be denied the benefit
relevant in Assessment Year 2011-12. It is in this factual backdrop that the
tribunal is of the considered view that both the learned lower authorities
respective impugned finding could not be concurred with. This is for the
precise reason that once the sale deed dated 23.03.2011 got executed qua
the transfer of title and all the liabilities, the mere fact that it got registered
on a subsequent date in latter assessment year, could form a reason to reject
the cost of acquisition and improvement in AY 2011-12. Learned Assessing
Officer is accordingly directed to re-compute the assessee’s long term capital
gain as per the sale deed dated 23.03.2011 in very terms. The assessee’s
appeal is allowed.
Order pronounced in the open court on 7th July, 2026.
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 29th July, 2026.
ITA 4746/DEL/2026 HANS KUMAR HUF
f{x~{tÜ f{x~{tÜ f{x~{tÜ f{x~{tÜ Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
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