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“indexed cost of acquisition”

Capital GainsSection 48Section 48674 judgments

The decision most relied on for indexed cost of acquisition is CIT v. Manjula J. Shah (355 ITR 474), cited in 113 judgments on BharatTax.

Leading authorities on indexed cost of acquisition

CIT v. Manjula J. Shah
355 ITR 474 · 2013 · High Court
113
citing judgments

For capital assets acquired by gift or will, the indexed cost of acquisition under Section 48 is computed with reference to the year the previous owner first held the asset. The period of holding for determining if an asset is long-term also includes the previous owner's holding period, as per Section 2(42A).

PCIT v. Vembu Vaidyanathan
108 Taxmann.com 339 · 2019 · Supreme Court
13
citing judgments

A Special Leave Petition filed by the Income Tax Department against a decision concerning the computation of capital gains or related issues was dismissed by the Supreme Court.

Karnataka State Industrial Infrastructure Development Corporation Ltd. v. DCIT
76 Taxmann.com 360 · 2016 · ITAT
13
citing judgments

The expression 'any income' in Section 10(38) refers to long-term capital gains computed under Section 48, which includes the indexed cost of acquisition. This principle applies when computing book profits under Section 115JB.

Bharat Hari Singhania v. CWT
19 SOT 612 · 2008 · High Court
11
citing judgments

While the case involves a reference to "fresh tangible material", "valuation of shares", "going concern", and "indexed cost of acquisition", the provided passages do not clearly articulate the specific holding of Bharat Hari Singhania v. CWT.

Mahindra & Mahindra Ltd. v. DCIT, 313 ITR (AT) 263 (SB)
110 ITD 59 · 2008 · ITAT
10
citing judgments

The Assessing Officer cannot improve his assessment by adopting a new theory during reassessment proceedings.

CIT v. Shri Hariram Hotels Pvt. Ltd.
325 ITR 136 · 2010 · High Court
10
citing judgments

Interest paid on loans taken for acquiring an asset is includible in the cost of acquisition for computing capital gains. This interest is also eligible for indexation benefit.

Judgments citing indexed cost of acquisition

Income Tax Officer, Cumballa Hill vs. Seth Damji Laxmichand Jain Dharma Sthanak, Chinchpokali

In the result, the appeal is dismissed

ITA 4824/MUM/2025[2012-13]Status: DisposedITAT Mumbai03 Feb 2026AY 2012-13

Bench: Shri Saktijit Dey & Shri Jagadishincome Tax Officer Seth Damji Laxmichand Jain Room No. 617, 6Th Floor, Dharma Sthanak Mtnl Building, Peddar Road, Vs. 64 Dr. Ambedkar Road, Cumballa Hill, Mumbai-400 026 Opp. Kalchowki, Post Office, Chichpokali, Mumbai-400 012 Pan/Gir No. Aacts 2218 L (Appellant) : (Respondent) Appellant By : Shri Hemant Jawahar Lal & Shri Ravi Ganatra Respondent By : Shri Arun Kanti Datta – Cit Dr Date Of Hearing : 14.01.2026 Date Of Pronouncement : 03.02.2026 O R D E R Per Saktijit Dey: The Present Appeal By The Department Arises Out Of Order Dated 26.05.2025, Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi Pertaining To The Assessment Year (A.Y. For Short) 2012-13. 2. The Effective Grounds Raised By The Department Are As Under: 1. "On The Facts & Circumstances In Allowing Of The Case & In Law, The Ld Cit(A) Erred The Benefit Of Indexed Cost Of Acquisition Trust Registered U/S. 48 Of The Act To A U/S. 12A, Disregarding Dated 19.06.1968. The Cbdt Circular No 5-P(Lxx- 2. "On The Facts & Circumstances Allowing Accumulation Of The Case & In Law, The Cit(A) Erred In Same Being Under Section 11(1)(A) On Capital Gains, Despite The Resulting In Already Deemed As Applied Under Section 11(1A), Thereby Double Deduction". 3. "On The Facts & Circumstances To Appreciate Of The Case & In Law, He Ld. Cit(A) Failed J.K. Synthetics The Ratio Of Decision Of Hon'Ble Supreme Court In The Case Of Apex Court Ltd. V. Union Of India (199 Itr 43) (Sc) Wherein The Hon'Ble Has Categorically Held That No Legislation Permit Double Can Be Construed To Specifically Deduction In Respect Of The Same Expenditure Unless Provided.

For Appellant: Shri Hemant Jawahar Lal &For Respondent: Shri Arun Kanti Datta – CIT DR
Section 11Section 11(1)(a)Section 11(2)Section 11ASection 12ASection 48

under: 1. "On the facts and circumstances in allowing of the case and in law, the Ld CIT(A) erred the benefit of indexed cost of acquisition trust registered u/s. 48 of the Act to a u/s. 12A, disregarding dated 19.06.1968. the CBDT Circular ... total consideration of Rs.50 crores. While computing capital gain, the assessee had claimed deduction on account of property tax of Rs.25,415/- and indexed cost of acquisition of Rs.5,03,17,362/- and offered net long term capital gain of Rs.44,96,57,223/-. With reference to the claim

Vijaymala Vilas Kalokhe, Pune vs. ITO Ward-10(1), Pune

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1666/PUN/2025[2013-14]Status: DisposedITAT Pune30 Jan 2026AY 2013-14

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.1666/Pun/2025 धििाारण वर्ा / Assessment Year : 2013-14 Vijaymala Vilas Kalokhe, Ito, Ward-10(1), Pune Aditya Row House, Lane No. 2, Opp. Patel Garden, Sr. No. 8/2A, Vs. Juni Sangavi, Maharashtra-411027 Pan : Asepk8161G अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Kishor B Phadke Department By : Shri Amit Bobde Date Of Hearing : 28-01-2026 Date Of 30-01-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 17.06.2025 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)/Nfac”] Pertaining To Assessment Year (“Ay”) 2013-14. 2. Briefly Stated The Facts Are That The Assessee Is An Individual. He Filed His Return Of Income For Ay 2013-14 Declaring Total Income Of Rs.2,21,050/-. The Case Of The Assessee Was Reopened U/S 147 Of The Income Tax Act, 1961 (The “Act”) After Following The Mandate Procedure As Laid Down Under The Relevant Provisions Of The Act. Accordingly, Statutory Notice U/S 142(1) Of The Act & Show Cause Letter(S) Were Issued To The Assessee From Time To Time. However, The Assessee Failed To File Any Response To The Said Notice(S) Which Constrained The Ld. Assessing Officer (“Ao”) To Pass An Ex-Parte Order U/S 144 Of The Act Based On The Material Available On Record. The Ld. Ao Proceeded To Complete The Assessment On Total Income Of Rs.2,66,70,989/-U/S 147 R.W.S. 144 Of The Act Thereby Making An Addition Of Rs.2,63,83,209/- On Account Of Undisclosed Long Term Capital Gain (Ltcg) By Observing As Under : “5.1. On-Going Through The Information Available On Record & In View Of The Order Passed U/S 148A(D) Of The Act Dated 21.07.2022, It Is Noticed That 2

For Appellant: Shri Kishor B PhadkeFor Respondent: Shri Amit Bobde
Section 142(1)Section 144Section 147Section 148Section 148ASection 149(1)(b)Section 2(14)Section 2(14)(iii)Section 50C

explanation, the entire amount of Rs. 2,63,83,209/- is brought to tax under the head LTCG without providing the benefit of indexed cost of acquisition due to non- compliance on the part of the assessee.” 3. Aggrieved, the assessee carried the matter before the Ld. CIT(A)/NFAC