SMT. AMITA NARANG,DELHI vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU

ITA 385/ASR/2016Status: DisposedITAT Amritsar25 March 2019AY 2007-087 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that interest on borrowed capital incurred for holding a capital asset after its acquisition is a holding cost and not a cost of acquisition. Therefore, it cannot be deducted in computing capital gains.

What were the facts?

The assessee purchased a house property in April 2006 and sold it in January 2007, resulting in a short-term capital gain. The assessee claimed interest on borrowed capital used for the purchase as a deduction in computing this gain.

What were the issues?

Whether interest on borrowed capital for acquiring a capital asset can be included in the cost of acquisition for computing capital gains.

Which sections of the Income-tax Act were involved?

Section 48,Section 45

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(12)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR (SMC

Before: SH. SANJAY ARORA

Hearing: 14.02.2019Pronounced: 29.03.2019

Per Sanjay Arora, AM: This is an Appeal by the Assessee directed against the Order by the Commissioner of Income Tax (Appeals), Jammu ('CIT(A)' for short) dated 23.3.2016, partly allowing the assessee’s appeal contesting her assessment u/s. 143(3) of the Income Tax Act, 1961 ('the Act' hereinafter) dated 29.12.2009 for the Assessment Year (AY) 2007-08. 2. The issue at large in the instant appeal is the allowability of the interest on borrowed capital employed by the assessee for purchasing a capital asset, i.e., in computing short-term capital gain (STCG) arising on its’ transfer, which in the present case is by way of sale of a house property in January, 2007, i.e., within a period of less than ten months of its’ purchase by the assessee in April, 2006.

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 48

All 1,457 judgments and leading authorities on Section 48 →

Recent GST High Court judgments

Search GST case law →