← All Phrases

“cost of improvement”

Capital GainsSection 55Section 55749 judgments

The decision most relied on for cost of improvement is CIT v. Kasturi Estates (P.) Ltd. (62 ITR 578), cited in 25 judgments on BharatTax.

Leading authorities on cost of improvement

CIT v. Kasturi Estates (P.) Ltd.
62 ITR 578 · 1966 · High Court
25
citing judgments

Expenditure incurred to improve property before sale, such as dividing land into plots and laying roads, does not constitute an adventure in the nature of trade if the primary purpose is to obtain a better price for the property.

Arunachalam v. CIT
227 ITR 222 · 1997 · Supreme Court
22
citing judgments

Expenditure incurred by an assessee to discharge a mortgage created by a previous owner is an allowable deduction in computing capital gains, as it represents the cost of acquisition or perfecting an imperfect title. The assessee's payment to clear the encumbrance is not deductible for capital gains computation.

Commissioner of Income-tax v. Miss Piroja C. Patel
242 ITR 582 · 2000 · High Court
12
citing judgments

Compensation paid to hutment dwellers for vacating land is an allowable expenditure in computing capital gains, as it relates to the transfer of the asset. Such payments are considered a cost of acquisition or improvement under Section 48 read with Section 55 of the Income-tax Act, 1961.

Naozar Chenoy v. CIT
234 ITR 95 · 1998 · High Court
11
citing judgments

Expenditure incurred to pay tenants to vacate premises, which are the subject of a sale transaction, is allowable as a deduction in computing capital gains. This is because the expenditure is directly connected to and necessary for effecting the transfer of the property.

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.

Mrs. June Perrett v. Income-tax Officer
298 ITR 268 · 2008 · High Court
10
citing judgments

Payment made to secure an order of eviction and evict an unauthorized occupant can be treated as a cost of improvement.

Judgments citing cost of improvement

Hamid Ali, Rohtas vs. ITO, Ward- 3 (4), Sasaram

In the result, ITA No.356/Pat/2025 is partly allowed for statistical purposes and ITA No

ITA 356/PAT/2025[2018-19]Status: DisposedITAT Patna10 Oct 2025AY 2018-19

Bench: Ms. Madhumita Roy & Shri Rakesh Mishraita Nos.356 & 357/Pat/2025 Assessment Years: 2018-19 Hamid Ali…..……………..……………………….……….……….……Appellant C/O Gulam Murtaza Zakki Shaheed, Sasaram, Rohtas, Bihar – 821115. [Pan: Atppa8563N] Vs. Ito, Ward-3(4), Sasaram.…………………………….....……...…..…..Respondent Appearances By: Shri A.K. Rastogi, Sr. Adv. & Shri Rakesh Kumar, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 06, 2025 Date Of Pronouncing The Order : October 10, 2025 Order Per Madhumita Roy: Both The Appeals Filed By The Assessee Are Directed Against The Separate Orders Both Dated 12.12.2024 Passed By Nfac, Delhi Arising Out Of The Orders Dated 23.02.2021 & 23.08.2021 Passed U/S 143(3) & U/S 270A Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”] Respectively For Assessment Year 2018-19. Ita No.356/Pat/2025 Relates To Quantum Order Whereas Ita No.357/Pat/2025 Relates To Penalty Order.

Section 143(3)Section 270ASection 50C(2)(a)Section 53C

taking stamp duty value as per his consideration for calculation of long- term capital gains, the assessee has not furnished any reply on cost of improvement and not assigned any reason for taking stamp value as his consideration for calculation of long-term capital gains. However, the purchase deed

Ashwani Kumra, Chandigarh vs. Assistant Commissioner of Income Tax, Chandigarh

The appeal stand allowed for statistical purposes

ITA 718/CHANDI/2024[2013-14]Status: DisposedITAT Chandigarh07 Oct 2025AY 2013-14

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 718/Chandi/2024 (िनधा"रण वष" / Assessment Year: 2013-14) Shri Ashwani Kumra Acit-Ward 2(1) बनाम/ Sco 338, Motor Market Aaykar Bhawan, Sector-17 Vs. Manimajra – 160101 Chandigarh – 160017 "ायीलेखासं /. जीआइआरसं /. Pan/Gir No. Adppk-2516-H (अपीलाथ"/Appellant) : (""थ" /Respondent) अपीलाथ"कीओरसे/Appellant By : Sh. Deepak Aggarwal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Vivek Vardhan (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 22-09-2025 घोषणाकीतारीख /Date Of Pronouncement : 07/10/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2013- 14 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 15-05-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 144 R.W.S. 147 Of The Act On 29-03-2022. The Sole Issue That Arises For Our Consideration Is Computation Of Capital Gains. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under. The Assessee Has Also Filed Written Submissions Which Have Duly Been Considered While Adjudicating The Appeal.

For Appellant: Sh. Deepak Aggarwal (Advocate) – Ld. ARFor Respondent: Shri Vivek Vardhan (Addl. CIT) – Ld. Sr. DR
Section 143(1)Section 144Section 148Section 263Section 54Section 54F

Motor Market and Commercial Complex, Manimajra, Chandigarh. The net LTCG were thus computed at Rs.21.11 Lacs. However, in another statement, the assessee claimed cost of improvement for Rs.20.28 Lacs for which no supporting documents were furnished by the assessee. The assessee furnished 6 receipts, out of which 5 receipts pertained ... installment payment, enhanced compensation payment and extension fees payment which, by no stretch of imagination, could be considered as cost of improvement and accordingly, the same was denied to the assessee. 2.3 Towards claim of deduction u/s 54, the assessee pleaded that it purchased a property situated at SCF No.333

Baljit Singh Gambhir, Mumbai vs. Income Tax Officer, International Taxation, Ward-2(3)(1), Mumbai

In the result, assessee’s appeal is allowed for statistical purposes

ITA 912/MUM/2025[2019-20 ]Status: DisposedITAT Mumbai30 Sept 2025

Bench: Smt. Beena Pillai & Smt. Renu Jauhriआयकर अपील सं./Ita No.912/Mum/2025 (निर्धारण वर्ा/Assessment Year: 2019-20) Baljit Singh Gambhir V/S. Income Tax Officer, C/O Tejmohan Singh, बिधम International Taxation, Advocate 527, Sector Ward 2(3)(1), Mumbai 10-D, Chandigarh Income Tax Officer, 160011 International Taxation, Ward 2(3)(1), Mumbai 400076 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No: Amgpg9637H Appellant/अपीलधथी .. Respondent/प्रनिवधदी निर्धाररिी की ओर से /Assessee By: Shri. Tejomohan Singh, Adv. रधजस्व की ओर से /Revenue By: Shri. Krishna Kumar (Sr Dr) सुिवधई की िधरीख / Date Of Hearing 29.07.2025 घोर्णध की िधरीख/Date Of Pronouncement 30.09.2025

For Appellant: Shri. Tejomohan Singh, AdvFor Respondent: Shri. Krishna Kumar (SR DR)
Section 144C(5)Section 148Section 148A

explanations rendered which is arbitrary and unjustified. 4. That the Ld. Assessing Officer has arbitrarily reduced the cost of acquisition and cost of improvement as well as the date of acquisition of the property for the purpose of calculation indexation in utter disregard of the evidence placed on record which ... these transactions, LTCG was declared at Rs. 138,69,272 after reducing indexed cost of acquisition and indexed cost of improvement. After giving opportunity to the assessee to submit complete details alongwith supporting documentary evidences, which the assessee could not fully comply with, ld. AO computed the capital gains

Tata Communications Limited, Mumbai vs. Principle Commissioner of Income Tax, Mumbai

In the result, the question of law referred to the Special Bench is answered in favour of the assessee

ITA 3515/MUM/2025[2018-19]Status: DisposedITAT Mumbai25 Sept 2025AY 2018-19

Bench: Shri Saktijit Dey & Shri Arun Khodpiatata Communications Limited Pr. Cit, Videsh Sanchar Bhavan, Mumbai-1 Vs. M. G. Road, Fort, Mumbai-400 001 Pan/Gir No. Aaacv 2808 C (Appellant) : (Respondent) Appellant By : Shri J. D. Mistri Respondent By : Shri Ritesh Misra, Cit Dr Date Of Hearing : 25.09.2025 Date Of Pronouncement : 25.09.2025 O R D E R Per Saktijit Dey: The Present Appeal, At The Instance Of The Assessee, Assails Order Dated 21.03.2025, Passed U/S. 263 Of The Income Tax Act, 1961 (‘The Act’ For Short), By Learned Principal Commissioner Of Income Tax (‘Ld. Pcit’ For Short), Pertaining To The Assessment Year (A.Y.) 2018-19. 2. Though The Assessee Has Raised Multiple Grounds, Both On Jurisdictional Issues As Well As On Merits, However, There Is Consensus Between The Parties That The Appeal Can Be Decided On Merits, In Which Event, There Is No Need To Go Into Various Other Issues Raised In Appeal.

For Appellant: Shri J. D. MistriFor Respondent: Shri Ritesh Misra, CIT DR
Section 112Section 143(3)Section 263Section 50

sections the capital gains are computed by deducting from the consideration received on transfer of a capital asset, the cost of acquisition, the cost of improvement and the expenditure incurred in connection with the transfer. The meaning of the expressions 'cost of improvement' and 'cost of acquisition' used in sections

Nikhil Baban Nimbalkar, Pune vs. ITO, Ward 14(5), Pune

In the result both appeals of the assessee are allowed for statistical purposes

ITA 2526/PUN/2024[2019-20]Status: DisposedITAT Pune24 Sept 2025AY 2019-20

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं / Ita No.2525&2526/Pun/2024 धििेंारण वर्ा /Assessment Year: 2018-2019 & 2019-2020 Nikhil Baban Nimbalkar, Ito, Ward 14(5), Nimbalkar Hospital, Patas Pune Road, Baramati, Pune- Vs. 413102 Maharashtra Pan-Ajdpn1546Q अपीलेंर्थी / Appellant प्रत्यर्थी/Respondent Assessee By: Shri Pratik Sandbhor Department By: Shri Ramnath P Murkunde Date Of Hearing: 24-09-2025 Date Of Pronouncement: 06-10-2025 आदीश/Order Per Dr. Manish Borad:- This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Ld. Cit(A), Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 Dated 04.10.2024 Which Is Arising Out Of Order Passed U/S 147 R.W.S 144 Of The Act Dated 29.02.2024. 2. Assessee Has Raised Following Grounds Of Appeal In Ita No. 2525/Pun/2024:- 1. On The Facts & In The Circumstances Of The Case & In Law The Id. Cit(A) Erred In Not Granting Sufficient Opportunities Of Hearing & Dismissing The Appeal Ex-Parte 2. On The Facts & In The Circumstances Of The Case & In Law The Appellant Prays Before The Hon'Ble Bench To Kindly Grant An Opportunity To Represent The Matter Before The Ld Cit(A).

For Appellant: Shri Pratik SandbhorFor Respondent: Shri Ramnath P Murkunde
Section 147Section 148Section 250Section 404(3)

circumstances of the case and in law and without prejudice to the above grounds of appeal the Assessing Officer erred in disallowing the cost of improvement of Rs 2,90,280/- in computing the capital gain on same of impugned property 6. On the facts and in the circumstances ... case and in law and without prejudice to the above grounds of appeal the Assessing Officer erred in disallowing the cost of improvement by invoking the provision of section 404(3) without taking cognizance of the fact that the said section has no applicability to computation of income under head

Nikhil Baban Nimbalkar, Pune vs. ITO, Ward 14(5), Pune

In the result both appeals of the assessee are allowed for statistical purposes

ITA 2525/PUN/2024[2018-19]Status: DisposedITAT Pune24 Sept 2025AY 2018-19

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं / Ita No.2525&2526/Pun/2024 धििेंारण वर्ा /Assessment Year: 2018-2019 & 2019-2020 Nikhil Baban Nimbalkar, Ito, Ward 14(5), Nimbalkar Hospital, Patas Pune Road, Baramati, Pune- Vs. 413102 Maharashtra Pan-Ajdpn1546Q अपीलेंर्थी / Appellant प्रत्यर्थी/Respondent Assessee By: Shri Pratik Sandbhor Department By: Shri Ramnath P Murkunde Date Of Hearing: 24-09-2025 Date Of Pronouncement: 06-10-2025 आदीश/Order Per Dr. Manish Borad:- This Appeal At The Instance Of The Assessee Is Directed Against The Order Of Ld. Cit(A), Nfac, Delhi Passed U/S 250 Of The Income-Tax Act, 1961 Dated 04.10.2024 Which Is Arising Out Of Order Passed U/S 147 R.W.S 144 Of The Act Dated 29.02.2024. 2. Assessee Has Raised Following Grounds Of Appeal In Ita No. 2525/Pun/2024:- 1. On The Facts & In The Circumstances Of The Case & In Law The Id. Cit(A) Erred In Not Granting Sufficient Opportunities Of Hearing & Dismissing The Appeal Ex-Parte 2. On The Facts & In The Circumstances Of The Case & In Law The Appellant Prays Before The Hon'Ble Bench To Kindly Grant An Opportunity To Represent The Matter Before The Ld Cit(A).

For Appellant: Shri Pratik SandbhorFor Respondent: Shri Ramnath P Murkunde
Section 147Section 148Section 250Section 404(3)

circumstances of the case and in law and without prejudice to the above grounds of appeal the Assessing Officer erred in disallowing the cost of improvement of Rs 2,90,280/- in computing the capital gain on same of impugned property 6. On the facts and in the circumstances ... case and in law and without prejudice to the above grounds of appeal the Assessing Officer erred in disallowing the cost of improvement by invoking the provision of section 404(3) without taking cognizance of the fact that the said section has no applicability to computation of income under head

Rohtash Kumar, Delhi vs. ITO, Delhi

Appeal is allowed

ITA 5039/DEL/2025[2018-19]Status: DisposedITAT Delhi23 Sept 2025AY 2018-19

Bench: Sh. Satbeer Singh Godaraita No. 5039/Del/2025 : Asstt. Year : 2018-19 Rohtash Kumar, Vs Income Tax Officer, Flat No. 66, New Pragatesheel Ward-62(1), Apartment, Vasundhara Enclave, New Delhi New Delhi-110096 (Appellant) (Respondent) Pan No. Aukps4324B Assessee By: Ms. Uma Upadhaya, Ca & Sh. Pawan Garg, Ca Revenue By : Sh. Manoj Kumar, Sr. Dr Date Of Hearing: 23.09.2025 Date Of Pronouncement: 23.09.2025 Order This Assessee’S Appeal For Assessment Year 2018-19, Arises Against The Cit(A)/Nfac, Delhi’S Din & Order No. Itba/Nfac/S/250/2025-26/1078024419(1) Dated 30.06.2025, In Proceedings U/S 143(3) Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Ms. Uma Upadhaya, CA &For Respondent: Sh. Manoj Kumar, Sr. DR
Section 143(3)Section 68

sole substantive issue between the parties herein, it is noticed that both the learned lower authorities have disallowed the assessee’s cost of improvement claim of Rs.27,00,000/- as unexplained cash credits u/s 68 r.w.s. 115BBE of the Act, in assessment order dated 29.04.2021 and upheld in the lower ... Rohtash Kumar 4. The above being the clinching factual position, the Revenue could hardly dispute that the assessee had nowhere claimed the impugned cost of improvement amounting to Rs.27,00,000/- in the relevant previous year as the corresponding immovable property had been acquired in the preceding assessment year