PREETI JHA,GHAZIABAD vs. ACIT, CIRCLE- 2, GHAZIABAD
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s decision to disallow the claimed cost of improvement of Rs. 4,70,000/-. The assessee failed to substantiate that these expenses were of a capital nature and incurred for improvement of the property as required by Section 55.
What were the facts?
The assessee sold a property for Rs. 1,07,00,000/- after purchasing it for Rs. 9,95,000/- in 2002-03. The assessee claimed Rs. 4,50,000/- for woodwork and Rs. 20,000/- for power backup as cost of improvement, but could not produce supporting bills and vouchers.
What were the issues?
Whether the expenses claimed for woodwork and power backup qualify as cost of improvement for capital gains calculation under Section 55, and if the assessee provided sufficient substantiation.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: SHRI H.S. SIDHU
O R D E R This appeal filed by the Assessee is directed against the Order dated 10.10.2017 of the Ld. CIT(A), Ghaziabad pertaining to assessment year 2013-14 on the following grounds:-
1. That the Ld. CIT(A) was not justified in upholding the order of the ACIT holding that neither during assessment proceedings nor during appellant proceedings could substantiate the appellant has incurred cost for improvement of property and are in capital nature even through sufficient explanations and materials and in particular order u/s. 153A accepting the accounts of the assessee for financial year 2002-03 where these improvements to assets were reflected and were fully accepted in the assessment proceedings are submitted on records.
2. That the Ld. CIT(A) erred in sustaining the rejection of claim u/s. 55 of the Income Tax Act towards cost of improvement being wood work and other finishing cost at Rs. 4,50,000/- and cost of power back up and electricity charges paid to builder at Rs. 20,000/-. 3. That in respect of the above grounds the order of the Ld. CIT(A) and AO are not justified on the facts of the case and are bad in law. 4. The appellant craves leave to add, amend, alter, vary and / or withdraw any or all the above grounds of appeal.
2. The brief facts of the case are that assessee is an individual and she is doing the business of contract work. She has filed her return electronically on 31.01.2015 declaring total income of Rs. 23,77,670/- The case was selected for scrutiny through CASS under complete scrutiny. Notice u/s. 143(2) of the Income Tax Act, 1961 (in short “Act”) was issued on 31.8.2015 fixing the 09.9.2015 and the same was served upon the assessee within stipulated time. Due to change of incumbent, notice u/s. 142(1) of the I.T. Act dated 25.8.2016 was issued to the assessee. Subsequently, notices u/s. 142(1) of the Act were issued from time to time, which were duly served upon the assessee. In compliance of the notices issued, the AR of the assessee attended the proceedings and furnished written explanation of the queries and produced computation of income of the assessee alognwith supporting documents; copy of Tax Audit Report, copy of bank statements, books of accounts, and other requisite details and documents, which were examined on test check basis. AO observed that assessee had purchased a residential flat no. 203, Gaur Residency, Chander Nagar, Ghaziabad for an amount of Rs. 9,95,000/- in the year 2002-03. Further the assessee has sold the aforesaid property during the year under consideration for an amount of Rs. 1,07,00,000/- and assessee computed capital gain of Rs. Page 2 of 5 81,303/- and since the assessee was unable to produce the bills and vouchers for the expense booked amounting to Rs. 4,50,000/- for wooden work, hence, the amount of Rs. 4,50,000/- was not considered for capital gain purpose. AO further observed that the amount of Rs. 20,000/- was not related with acquisition of property, hence, the same was also not considered for capital gain purpose and accordingly, the AO re-computed the capital gain at Rs. 10,03,632/- by way of minus of Rs. 81,303/- and added the Rs. 9,22,329/- by completing the assessment u/s. 143(3) of the Act at Rs. 33,00,000/-. Against the assessment order, assessee appealed before the Ld. CIT(A), who vide his impugned order dated 10.10.2017, dismissed the appeal of the assessee. Against the impugned order dated 10.10.2017 of the Ld. CIT(A), assessee is in appeal before the Tribunal.
3. At the time of hearing, Ld. Counsel for the assessee has submitted that Ld. CIT(A) was not justified in upholding the order of the ACIT holding that neither during assessment proceedings nor during appellate proceedings could substantiate the appellant has incurred cost for improvement of property and are in capital nature even through sufficient explanations and materials and in particular order u/s. 153A accepting the accounts of the assessee for financial year 2002-03 where these improvements to assets were reflected and were fully accepted in the assessment proceedings are submitted on records. He further submitted that Ld. CIT(A) erred in sustaining the rejection of claim u/s. 55 of the Income Tax Act towards cost of improvement being wood work and other finishing cost at Rs. 4,50,000/- and cost of power back up and electricity charges paid to
More judgments on Section 55
- Manmohan Gaind, Delhi vs DCIT, Circle 49(1), Delhi, New DelhiITA 388/DEL/2026[2015-16]Status: Disposed9 Sept 2026AY 2015-16
- Kiran Kumar Kammili, Visakhapatnam vs ITO, Ward International Taxation…ITA 234/VIZ/2022[2018-19]Status: Disposed31 Aug 2026AY 2018-19
- Laxmi Devi Mamnani, Jaipur vs ITO WD 4(1), JaipurITA 10/JPR/2026[2011-12]Status: Disposed31 Aug 2026AY 2011-12
- Jaysukhlal Dodhia, Thane vs Income Tax Officer, Ward 42(1)(2), MumbaiITA 3770/MUM/2026[2023-24]Status: Disposed31 Aug 2026AY 2023-24
- Thongam Shanti Singh, Imphal vs ITO W-3, ImphalITA 428/GTY/2025[2019-20]Status: Disposed14 Jul 2026AY 2019-20
Latest GST High Court judgments
Search GST case law →- M/S Sahoo Supply Agency,Balasore vs. Central Board Of Indirect Taxes And Customs,New DelhiOrissa · 3 Nov 2026
- M/S Jyoti Consultants, Agrahat vs. Pr. Commissioner GST And Central Excise Commissionerate, BhubaneswarOrissa · 3 Nov 2026
- M/S. Sahoo Supply Agency vs. Central Board Of Indirect Taxes And CustomsOrissa · 3 Nov 2026
- Gopal Aromatic PVT. LTD., Cuttack vs. Union Of INDIAOrissa · 3 Nov 2026
- M/S Crs Builders Private Limited vs. Commissioner State Goods And Services TaxUttarakhand · 2 Nov 2026