SMT. AMITA NARANG,DELHI vs. THE DY COMMISSIONER OF INCOME TAX, JAMMU
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?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(12)Show listHide 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.
- CIT v. Bokaro Steel Ltd.370 citing236 ITR 315 · 1999 · SC
- Challapalli Sugars Ltd. v. CIT185 citing98 ITR 167 · 1975 · SC
- CIT v. Tata Iron & Steel Co. Ltd.81 citing231 ITR 285 · 1998 · SC
- CIT v. Mithilesh Kumari54 citing92 ITR 9 · 1973 · HC
- Saharanpur Electric Supply Co. Ltd. v. CIT35 citing194 ITR 294 · 1992 · SC
- Addl. CIT v. K.S. Gupta27 citing119 ITR 372 · 1979 · HC
- Miss Dhun Dadabhoy Kapadia v. CIT27 citing63 ITR 651 · 1967 · SC · Read judgment
- (The Mavilayi Service Cooperative Bank Ltd. & Ors. v. CIT16 citing244 ITR 496 · 2000 · HC
- Habib Hussain v. CIT14 citing48 ITR 859 · 1963 · HC
- Collector of Central Excise Etc v. Dai Lchi7 citing156 CTR 172 · 1999 · SC
- CIT v. Fort Gloster Industries (P.) Ltd.6 citing79 ITR 48 · 1971 · HC
- Further, in CIT v. Vardhman Polytex Ltd.4 citing299 ITR 152 · 2008 · HC
Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR (SMC
Before: SH. SANJAY ARORA
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.
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