RAJESH VELJI RATHOD ,MUMBAI vs. ITO WARD 3(2), MUMBAI
In the result, the Assessee’s appeal is allowed in the said terms
ITA 4620/MUM/2025[2011-12]Status: DisposedITAT Mumbai21 Nov 2025AY 2011-12
Bench: Shri Narender Kumar Choudhryassessment Year: 2011-12 Mr. Rajesh Velji Rathod, Ito Ward – 3(2), Datta Plus Computer, 2Nd Floor, Rani Mansion, Mahavir Shopping Centre, Vs. Murbad Road, Kalyan Kalyan (West) Maharashtra – 421 301 Maharashtra -421 301 Pan: Adkpr2430A (Appellant) (Respondent) Present For: Assessee By : Shri Ajay R Singh, Ld. A.R Revenue By : Shri Nakul Agrawal, Ld. Sr. D.R. Date Of Hearing : 09.10.2025 Date Of Pronouncement : 21.11.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 06.06.2025, Impugned Herein, Passed By The Ld. Commissioner Of Income Tax (Appeals) Addl/Jcit(A) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2011-12. 2. Brief Facts Relevant For Adjudication Of The Instant Appeal Are That In The Instant Case, One Land/Property Was Sold Jointly By Various Sellers Including Assessee Herein Vide Sale Deed Dated 26.04.2010 On A Total Consideration Of Rs.2,19,00,000/- In Favour Of M/S. Priyanka Home Realties Pvt. Ltd., Whereas Market Value Of The Property Was Rs.2,79,68,500/- As Per Stamp Duty Valuation Authority. Though The Assessee Has Filed Its Return Of Income, However, According To The Assessing Officer (Ao) Did Not Disclose This Transaction In The Itr & Therefore The Ao Asked The Assessee To Explain “As To Why The Long Term Capital Gain (Ltcg) From Sale Of Land Has Not Been Offered To Tax”.
For Appellant: Shri Ajay R Singh, Ld. A.RFor Respondent: Shri Nakul Agrawal, Ld. Sr. D.R
Section 250Section 54F
Indexed cost (Rs.2,31,123*711/100) = Rs. 16,43,285/-
Note 4:
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Mr. Rajesh Velji Rathod
Note - 6:
F. Y.
COST
INFLATION INDEX
Before 1/4/1981
100
1989-90
172
2010-11
711
While working out capital gain we are considering indexation as of 01.04.1981, as the property ... this Court observes that though there is no difference between the FMV in calculations submitted by the parties, however the Revenue considered the Cost Inflation Index @ 172 as of FY
1989-90, whereas the Assessee has taken Cost Inflation Index @ 100 as on or before 1/4/1981 on the pretext that