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“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

Kalpana Ravikumar, Chennai vs. ITO, Ncw-8(40, Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1320/CHNY/2025[2012-13]Status: DisposedITAT Chennai18 Jul 2025AY 2012-13

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1320/Chny/2025 िनधा"रण वष"/Assessment Year: 2012-13 Kalpana Ravikumar, Vs. The Income Tax Officer, No. 78, Block 2, 2Nd Floor, Non Corporate Ward 8(4), Bbc City Paark, No. 76, Anna Salai, Chennai. Chinna Porur, Chennai 600 116. [Pan:Aiupr6455L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Raghav Rajeev Menon, Advocate ""थ" की ओर से/Respondent By : Ms. V. Supraja, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 16.07.2025 घोषणा की तारीख /Date Of Pronouncement : 18.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.02.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2012-13. 2. We Find That This Appeal Is Filed With A Delay Of 372 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit As 2

For Appellant: Shri Raghav Rajeev Menon, AdvocateFor Respondent: Ms. V. Supraja, Addl.CIT
Section 148Section 250Section 54

well as payments made to the builders. He vehemently argued that the Assessing Officer did not allow the index cost and cost of improvement incurred by the assessee while computing the capital gains. The ld. AR drew our attention to e-proceeding response acknowledgement placed at page ... order, the Assessing Officer has not allowed the claim of deduction under section 54 of the Act towards index cost of acquisition and cost of improvement incurred by the assessee, the details of which, we find at pages 63, 63A & 63B of the paper book. On perusal of the assessment

Bipinbhai Chhaganbhai Jodhani, Surat vs. Income Tax Officer Ward 3(3)(1), Surat

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

ITA 919/SRT/2024[2017-18]Status: DisposedITAT Surat03 Jul 2025AY 2017-18

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं /Ita No.919/Srt/2024 िनधा"रण वष" /Assessment Year : 2017-18 Bipinbhai Chhaganbhai The Ito बनाम/ Jodhani Ward-3(3)(1) 21, Swetrajhans Society Surat – 395 001 V/S. Khodiyar Nagar Road Varachha Road Surat – 395 006 "थायी लेखा सं./Pan: Addpj 9297 Q (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Mehul Patel, Ar Revenue By : Shri Mukesh Jain, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 07/04/2025 घोषणा की तारीख /Date Of Pronouncement: 03/07/2025 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 28/06/2024 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2017-2018. Bipinbhai Chhaganbhai Jodhani Vs. Ito Asst. Year : 2017-18

For Appellant: Shri Mehul Patel, ARFor Respondent: Shri Mukesh Jain, Sr.DR
Section 24Section 24bSection 250Section 48

evidence on record, the learned National Faceless Appeal Centre (NEAC) has grievously erred in confirming the disallowance of claim of Indexed cost of Improvement of Rs.30,01,463/- made u/s 48 of the Act, while computing the Long Term Capital Gains. (2) That on facts, in law, and on evidence ... computation of capital gain/loss the assessee had claimed Indexed cost of acquisition of Rs.1,38,20,549/- and Indexed cost of improvement of Rs.30,01,463/-. The details of property and computation was as under:- Particular of Sale Indexed Indexed cost Capital gain Property Price/year Cost/year of improvement Flat No.604

Harcharan Singh, Kanpur vs. Income Tax Officer-2(5), Kanpur

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

ITA 201/LKW/2022[2013-14]Status: DisposedITAT Lucknow30 Jun 2025AY 2013-14

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita No.201/Lkw/2022 ननिाारण वर्ा/ Assessment Year: 2013-14 Harcharan Singh V. Ito-2(5) 118/208, Kaushalpuri, Kanpur- Kanpur 208012. Pan:Anxps2189N अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: None प्रत्यर्थी कक और से /Respondent By: Shri Deepak Yadav, Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 10 06 2025 घोर्णा कक तारीख/ Date Of 30 06 2025 Pronouncement: आदेश / O R D E R

For Appellant: NoneFor Respondent: Shri Deepak Yadav, CIT(DR)
Section 143(2)Section 143(3)Section 147Section 148Section 50C

Cost of acquisition of property (Part purchased in 2007-8) Index Cost of Acquisition 1050300 x 852/551 Rs.16,24,057 Less: Cost of improvement incurred in 2004-05 Rs.90,00,000 Index Cost of improvement 9000000 x 852/480 Rs.1,59,75,000 Total Long Term Capital Gain Rs.1 ... Rs.90,00,000/- on the said land. The indexed value of this investment of Rs.90,00,000/- was claimed as part of cost of improvement and was allowed also by AO. However, had to conclude that: “He submitted the copies of Sale/purchase deeds, and computation of capital gain which

Bhim Sain Gupta, Delhi vs. Assistant Commisioner of Income Tax, Circle - 47(1), New Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 1574/DEL/2024[2010-11]Status: DisposedITAT Delhi27 Jun 2025AY 2010-11

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1574/ िद"ी /2024 (िन.व. 2010-11) Bhim Sain Gupta, K-736, Gadaipur Road, Mehrauli, Delhi 110030 ...... अपीलाथ"/Appellant Pan: Adkpg-7977-R बनाम Vs. Assistant Commissioner Of Income Tax, ..... "ितवादी/Respondent Central Circle-47(1), New Delhi Assessee By : Shri Manish Upneja, Chartered Accountant & Ms. Sanju Kumari, Advocate Department By: Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 16/04/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 16/04/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)] Dated 06.03.2024, For The Assessment Year 2010-11. 2. The Brief Facts Of The Case As Emanating From Records Are: The Assessee Filed His Return Of Income For The Impugned Assessment Year Declaring Loss Of Rs.2,61,92,280/-. Subsequently, Assessment For Ay 2010-11 Was Reopened & Notice U/S. 148 Of The Income Tax Act, 1961(Hereinafter Referred To As 'The Act')

For Appellant: Shri Manish Upneja, Chartered Accountant &For Respondent: Shri Ashish Tripathi, Sr. DR
Section 147Section 148

Rs.1,54,00,000/- under the head Long Term Capital Gains. ii. Rs.2,25,06,975/- after rejecting assessee's claim on cost of improvements. iii. Rs.1,69,10,271/- after rejecting assessee’s claim of business loss and treating the same as speculative. 3. Aggrieved by the assessment order

Girish Parakh, Chennai vs. ACIT, Ncc-10(1), Chennai

In the result, the appeal filed by the assessee is allowed

ITA 1221/CHNY/2025[2017-18]Status: DisposedITAT Chennai25 Jun 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.1221/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Girish Parakh, Vs. The Assistant Commissioner Of Old 9, New 11, 1St Floor, Income Tax, Vivekananda Street, Chetpet, Non Corporate Circle 10(1), Chennai 600 031. Chennai. [Pan:Aacpp7199P] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Shri Vijay Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 18.06.2025 घोषणा की तारीख /Date Of Pronouncement : 25.06.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi:

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri Vijay Kumar, JCIT
Section 143(3)Section 154

capital gains, the Assessing Officer noted that the assessee claimed expenses on transfer towards sale of property at ₹.2,20,000/- and cost of improvement at ₹.1,15,013/-. Since the assessee has not produced any details, the Assessing Officer disallowed the expenses ... appeal, by considering the documentary evidence furnished by the assessee in respect of improvement made, the ld. CIT(A) deleted the indexed cost of improvement disallowed at ₹.1,15,013/-. Since the assessee could not furnish the documentary evidence for expenses on transfer towards sale of property