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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

Shri Kirankumar Rasiklal Sanghvi, Deesa vs. The Pr.CIT-4, Ahmedabad

The appeal of the assessee is allowed

ITA 179/AHD/2024[2015-16]Status: DisposedITAT Ahmedabad24 Sept 2024AY 2015-16

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2015-16 Shri Kirankumar Rasiklal Sanghvi, The Principal Commissioner Of 1, Paras Society, Neminathnagar Income-Tax-4, Vs. Road, Deesa, Gujarat-385535 Ahmedabad Pan : Afops 0131 D अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Manish J. Shah & Shri Rushin Patel, Ars Revenue By : Shri Durga Dutt, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 12.09.2024 घोषणा क" तारीख /Date Of Pronouncement: 24.09.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Principal Commissioner Of Income-Tax-4, Ahmedabad [Herein- After Referred To As “Pcit”] Dated 03.03.2020, In Exercise Of His Revisionary Powers Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (Ay) 2015-16. 2. The Registry Has Noted The Present Appeal To Be Barred By Limitation By 1355 Days. The Ld. Counsel For The Assessee Explained That There Was, In Fact, No Delay In Filing The Appeal Before The Tribunal For The Reason That The Assessee Had Inadvertently Filed The Appeal Against The Order Of The Ld. Pcit Before The Surat Bench Of The Itat Which, When The Appeal Came Up For Hearing Before It, Passed A Judicial Order Dated 21.11.2023 Dismissing The Appeal As Withdrawn, Noting The Fact That The Correct Jurisdiction Lay With The 2 Shri Kirankumar Rasiklal Sanghvi Vs. Pcit Ay : 2015-16

For Appellant: Shri Manish J. Shah &For Respondent: Shri Durga Dutt, CIT-DR
Section 14Section 143(3)Section 23Section 263Section 54F

order as under:- Sale consideration received as per sale Rs.6,71,05,250/- deed Indexed cost of acquisition Rs.55,815/- Indexed cost of improvement Rs.91,79,037/- Total Rs.97,35,852 Rs.97,35,852/- Long term capital gain before deductions claimed Rs.5,73,71,398/- Less: Deduction claimed ... acquisition in respect Rs.90,85,933/- of 20% share held by Ritaben J. Shah but purchased by the assessee in A.Y.2010-11 Indexed cost of improvement Rs.95,93,113/- Rs.95.93.113/- Long term capital gain before deductions claimed Rs.5,74,66,137/- Less: Deduction allowable

Sarangabani Kirubagaran, Chennai vs. DCIT, Circle-1(2), Chennai

The appeal stand allowed in terms of our above order

ITA 1236/CHNY/2023[2013-14]Status: DisposedITAT Chennai04 Sept 2024AY 2013-14

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1236/Chny/2023 (िनधा)रण वष) / Assessment Year: 2013-14) Shri Sarangabani Kirubakaran Dcit बनाम/ 17/6, First Pillayar Koil Street, Circle-1(2) Vs. Ekkatuthangal, Chennai-600 032. Chennai. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Bumpk-0892-B (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Ms.T.V. Muthu Abirami (Advocate)-Ld.Ar " थ"कीओरसे/Respondent By : Shri Nilay Baran Som (Cit) -Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 25-07-2024 घोषणाकीतारीख /Date Of Pronouncement : 04-09-2024 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2013-14 Arises Out Of The Common Order Of Learned Commissioner Of Income Tax (Appeals)-18, Chennai, [Cit(A)] Dated 13-09-2023 In The Matter Of An Assessment Framed By The Ld. Ao U/S.153C R.W.S. 153A R.W.S. 143(3) Of The Act On 31-03-2022. The Only Grievance Of The Assessee Is Confirmation Of Addition U/S 69 For Rs.30 Lacs & Assessment Of Short- Term Capital Gain (Stcg) For Rs.12.19 Lacs. 2. The Ld Ar Advanced Arguments & Submitted That Impugned Addition Of Rs.30 Lacs U/S 69 Represent Advance Received Through

For Appellant: Ms.T.V. Muthu Abirami (Advocate)-Ld.ARFor Respondent: Shri Nilay Baran Som (CIT) -Ld. DR
Section 132Section 133ASection 153CSection 271(1)(c)Section 69Section 69ASection 69BSection 69C

Sec.69 since this section is applicable for unexplained investments only. On the issue of assessment of STCG, Ld. AR submitted that the cost of improvement stood proved by documentary evidences and the same could not be disallowed. The Ld. CIT-DR, on the other hand, filed written submissions and submitted ... STCG are that the assessee sold plots and computed Short-Term Capital Loss (STCL) of Rs.6.20 Lacs. While computing, the assessee claimed cost of improvement for Rs.18.40 Lacs. In support, the assessee furnished a bill dated 24.03.2011 from Lakshmi Construction, Chennai for a sum of Rs.18.50 Lacs which