← 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

Income Tax Officer, Ahmedabad vs. Bela Kiritkumar Nahta, Ahmedabad

In the result, the appeal of the Revenue is dismissed

ITA 882/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad09 Jan 2025AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.882/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 The Ito Bela Kiritkumar Nahta बनाम/ B-502, 5Th Floor 5, Gopinath Society V/S. Pratyaksh Kar Bhavan Opp. Sunrise Park Ambawadi Vastrapur Ahmedabad – 380 015 Ahmedabad – 380 015 "थायी लेखा सं./Pan: Acapn 1242 K अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Hardik Vora, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 06/01/2025 घोषणा की तारीख /Date Of Pronouncement: 09/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Hardik Vora, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 68

added it to the total income. 2.3. The assessee sold an immovable property for Rs.1,45,00,000/- and claimed a cost of improvement of Rs.14,38,950/- while calculating short-term capital gains (STCG). The AO noted that no documentary evidence, such as bills or invoices, was provided ... support the cost of improvement. Consequently, the AO disallowed the cost of improvement and added Rs.14,38,950/- to the total income. 2.4. The AO completed the assessment under Section 143(3) on 25/11/2019, determining the total assessed income as Rs.2,21,48,950/-. 3. Aggrieved by the additions

Meerams Overseas Private Limited, Chitradurga vs. Income Tax Officer, Ward-1, Davanagere

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

ITA 1975/BANG/2024[2016-17]Status: DisposedITAT Bangalore06 Jan 2025AY 2016-17

Bench: Shri Laxmi Prasad Sahu & Shri Soundarajan Kassessment Year : 2016-17 M/S. Meerams Overseas Pvt. Ltd., Vs. The Income Tax Officer, No.471 Maruthi Nilaya 1St Cross, Ward – 1, Pavagada Road, Challakere, Davanagere. Chitradurga – 577 522. Pan : Aadcm 8322 R Appellant Respondent Assessee By : Shri. Rattehalli Srikanta Murthy Badari Prasad, Ar. Revenue By : Shri. Subramanian, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 25.11.2024 Date Of Pronouncement : 06.01.2025 O R D E R Per Laxmi Prasad Sahuthis Appeal Is Filed By The Assessee Against The Ex-Parte Order Of The National Faceless Appeal Centre (Nfac) [Din & Order No.Itba/Nfac/S/250/2024-25/1067240065(1)] Dated 01.08.2024 On The Ground That Addition Confirmed By The Cit(A) Of Rs.66,50,290/- Towards Non-Furnishing Of Proof Of Cost Of Improvements While Calculating Capital Gains. The Assessee On 07.02.2015 Sold A Property For A Total Value Of Rs.1,25,00,000/- & It Was Shown As Full Value Of Consideration Received-. The Property Was Purchased On 21.06.2004 For A Total Value Of Rs.25,97,466/- & Claimed Indexed Cost Of Page 2 Of 5

For Appellant: Shri. Rattehalli Srikanta Murthy Badari Prasad, ARFor Respondent: Shri. Subramanian, JCIT(DR)(ITAT), Bengaluru

/NFAC/S/250/2024-25/1067240065(1)] dated 01.08.2024 on the ground that addition confirmed by the CIT(A) of Rs.66,50,290/- towards non-furnishing of proof of cost of improvements while calculating capital gains. The assessee on 07.02.2015 sold a property for a total value of Rs.1,25,00,000/- and it was shown ... total value of Rs.25,97,466/- and claimed indexed cost of Page 2 of 5 acquisition of Rs.58,49,710/- and further cost of improving was claimed at Rs. 68,68,660 in the year of 2008-09 F/Y and indexed cost of improvement at Rs.1,27,57,769/- resultantly

Incometax Officer, Ward-3(3), Visakhapatnam vs. Saripalli Vimala Devi, Visakhapatnam

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

ITA 294/VIZ/2023[2015-16]Status: DisposedITAT Visakhapatnam18 Dec 2024AY 2015-16

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. No.294/Viz/2023 (निर्धारण वर्ा/ Assessment Year : 2015-16) Income Tax Officer - Ward-3(3) Vs. Saripalli Vimala Devi Iind Floor Flat No. 103, Sun N Sea Apartments East Point Colony Infinity Towers Visakhapatnam - 530017 Shankarmatam Road, Santhipuram Visakhapatnam - 530016 Pan: Bddps0883J (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थी की ओरसे/ Assessee By : Sri C. Kameswara Rao, Ar प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr

For Appellant: Sri C. Kameswara Rao, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 143(2)Section 143(3)Section 147Section 148Section 48

being the payment made by the assessee-company to its shareholders as encumbrance charges from the sale proceeds of building as cost of improvement while computing the long-term capital gains. The Ld. DR therefore pleaded that the same ratio may be applied to the instant case. Page ... borne either by the previous owner or by the assessee. According to the High Court, having regard to the definition of the expression 'cost of improvement' contained in section 55(1)(b) in order to entitle the assessee to claim a deduction in respect of the cost of any Page

Abhaykumar Sevantilal Sanghavi, Deesa vs. The ACIT, Circle- Palanpur, Palanpur

Accordingly, these grounds are dismissed as infructuous

ITA 1368/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad13 Dec 2024AY 2017-18

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1367/Ahd/2024 & 1368/Ahd/2024 िनधा"रण वष" /Assessment Years :2016-17 & 2017-18 Respectively Abhaykumar Sevantilal Acit Circle, Palanpur बनाम/ Sanghavi [Old Jurisdiction-Circle, V/S. Sanghavi Brothers Palanpur. 1St Floor, Swastik Bldg New Jurisdiction-Circle, Nr. City Police Station Gandhinagar.] Nr. Dena Bank, Main Bazar Deesa – 385 535 (Gujarat) "थायी लेखा सं./Pan: Afbps 1660 L (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Mehul Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05/12/2024 घोषणा की तारीख /Date Of Pronouncement: 13/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both These Appeals Preferred By The Assessee Pertain To The Assessment Years (Ays) 2016-17 & 2017-18. Since The Issues Involved Are Common & Connected, They Were Heard Together & Are Being Disposed Of By This Consolidated Order. The Appeals Arise Out Of The Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The

For Appellant: Shri Mehul Shah, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 115BSection 143(1)Section 143(3)Section 14ASection 23(4)Section 250Section 68

Unexplained Cash Credits (Sec. 68) Rs. 16,50,000/- Rs. 12,50,000/- Disallowance of Cost of Improvement Rs. 29,18,308/- Rs. 51,88,368/- (Capital Gains) Bogus Gift Rs. 10,00,000/- Not applicable Notional Rent (Sec. 23(4)) Rs. 52,530/- Not applicable Higher Tax Rate under ... case as well as law on the subject, the learned CIT(A) has erred in confirming the action of assessing officer in disallowing cost of improvement of Rs. 29,18,308/- claimed. 5. On the facts and circumstances of the case as well as law on the subject, the learned

Abhaykumar Sevantilal Sanghavi, Deesa vs. Old Jurisdiction- Circle, Palanpur New Jurisdiction-Circle, Gandhinagar

Accordingly, these grounds are dismissed as infructuous

ITA 1367/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad13 Dec 2024AY 2016-17

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1367/Ahd/2024 & 1368/Ahd/2024 िनधा"रण वष" /Assessment Years :2016-17 & 2017-18 Respectively Abhaykumar Sevantilal Acit Circle, Palanpur बनाम/ Sanghavi [Old Jurisdiction-Circle, V/S. Sanghavi Brothers Palanpur. 1St Floor, Swastik Bldg New Jurisdiction-Circle, Nr. City Police Station Gandhinagar.] Nr. Dena Bank, Main Bazar Deesa – 385 535 (Gujarat) "थायी लेखा सं./Pan: Afbps 1660 L (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Mehul Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 05/12/2024 घोषणा की तारीख /Date Of Pronouncement: 13/12/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both These Appeals Preferred By The Assessee Pertain To The Assessment Years (Ays) 2016-17 & 2017-18. Since The Issues Involved Are Common & Connected, They Were Heard Together & Are Being Disposed Of By This Consolidated Order. The Appeals Arise Out Of The Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The

For Appellant: Shri Mehul Shah, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 115BSection 143(1)Section 143(3)Section 14ASection 23(4)Section 250Section 68

Unexplained Cash Credits (Sec. 68) Rs. 16,50,000/- Rs. 12,50,000/- Disallowance of Cost of Improvement Rs. 29,18,308/- Rs. 51,88,368/- (Capital Gains) Bogus Gift Rs. 10,00,000/- Not applicable Notional Rent (Sec. 23(4)) Rs. 52,530/- Not applicable Higher Tax Rate under ... case as well as law on the subject, the learned CIT(A) has erred in confirming the action of assessing officer in disallowing cost of improvement of Rs. 29,18,308/- claimed. 5. On the facts and circumstances of the case as well as law on the subject, the learned

Badri Narayanan, Chennai vs. ITO, Ncw-2(1), Coimbatore

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

ITA 1959/CHNY/2024[2016-17]Status: DisposedITAT Chennai12 Dec 2024AY 2016-17

Bench: Shri George George Kand Shri Jagadishआयकर अपील सं./Ita No.: 1959/Chny/2024 िनधा"रण वष"/Assessment Year: 2016-17 Shri Badri Narayanan, The Income Tax Officer, A2, Aishwaryam Apartment, Vs. Non-Corporate Ward -2(1), Tansi Nagar, Coimbatore. Velachery, Chennai – 600 042. Pan: Afmpb 8640N (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. N.V. Krishnan, Advocate ""यथ" क" ओर से/Respondent By : Ms. Anitha, Addl.Cit सुनवाई क" तारीख/Date Of Hearing : 11.12.2024 घोषणा क" तारीख/Date Of Pronouncement : 12.12.2024

For Appellant: Ms. N.V. Krishnan, AdvocateFor Respondent: Ms. Anitha, Addl.CIT
Section 142Section 143(1)Section 147Section 148Section 250Section 54

ought to have considered the submissions made during appellate proceedings, including the additional evidence filed in support of cost of acquisition, cost of improvement, etc., 3. Re: Violation of Principle of Natural Justice: a. The Hon'ble CIT(A) failed to appreciate that the hearing notices were sent ... income of Rs.80,990/-. In the return of income, the assessee had claimed Rs.1,66,71,813/- and Rs.4,32,400/- as indexed cost of improvement and indexed cost of acquisition respectively. The assessee in the return of income filed pursuant to notice u/s.148 of the Act, had also claimed

Bhogilal Bhailalbhai Patel, Vadodara vs. The Pr. CIT-1, Vadodara

In the result, the appeal of the assessee is dismissed

ITA 613/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad28 Nov 2024AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 613/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2015-16) बनाम/ Bhogilal Bhailalbhai The Pr. Commissioner Of Patel Income Tax-1 Vs. 475/2, Sagar Faliya, At & Vadodara Post Bhayali, Vadodara - 391410 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Bkkpp3136R (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Hemant Suthar, A.R. ""यथ" क" ओर से/Respondent By : Shri Samir Tekriwal, Cit. Dr 19/11/2024 Date Of Hearing Date Of Pronouncement 28/11/2024

For Appellant: Shri Hemant Suthar, A.RFor Respondent: Shri Samir Tekriwal, CIT. DR
Section 143(3)Section 263Section 54BSection 54F

assessee revealed that the assessee has taken the indexed cost of acquisition of the property at Rs.27,47,730/- and also claimed indexed cost of improvement at Rs.3,34,66,666/-. Vide notices u/s. 142(1) dated 09.3.2021 and 27/08/2021 as detailed above, the assessee was asked to furnish documentary ... evidences in respect of the cost of improvement of the property, however assessee did not submit any such details. Therefore, the claim of the assessee in this respect cannot be accepted. It is also interesting to note that the assessee has submitted valuation report of M/s. Space