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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

Jugalkishore Banarasilal Saraf, Mumbai vs. Assistant Commissioner of Income Tax- Central Circle-2(1), Mumbai

In the result, the appeal filed by the revenue stands dismissed and the appeal filed by the assessee stands allowed

ITA 5059/MUM/2025[2020-21]Status: DisposedITAT Mumbai22 Dec 2025AY 2020-21

Bench: Hon’Ble Shri Sandeep Gosain& Hon’Ble Shri Om Prakash Kantjoint Commissioner Of Vs. Jugalkishore Income Tax (Osd), Central Banarasilal Saraf Circle 2(1), Mumbai 12-A, Saraf House, 802, 8Th Floor, Pratistha Hatkesh Co-Op. Hsg. Bhavan, C.G.O. Building, Society, N.M.Road, Maharashi Karve Road, J.V.P.D Scheme, Vile Mumbai- 400020 Parle, Mumbai- 400056 Pan/Gir No. Anrps9847D (Applicant) (Respondent) & Jugalkishore Banarasilal Vs. Joint Commissioner Of Saraf Income Tax (Osd), Central 12-A, Saraf House, Circle 2(1), Mumbai Hatkesh Co-Op. Hsg. Room No. 802, 8Th Floor, Society, N.M.Road, Pratistha Bhavan, Old Cgo J.V.P.D Scheme, Vile Annexe, Maharashi Karve Parle, Mumbai- 400056 Road, Mumbai- 400020 Pan/Gir No. Anrps9847D (Applicant) (Respondent) Shri. Himanshu Gandhi Revenue By Ms. Kavitha Kaushik,Sr.-Dr.

Section 132Section 250Section 694Section 69A

action? 4) Whether on the facts and circumstances of case, the Ld. CIT(A) erred in restricting the addition to 25% of indexed cost of improvement, instead of 50% disallowed by the AO of Rs 6,12,198/, in the absence of any details/submission filed by the assessee during ... account of Interest income u/s 69A and ad-hoc disallowance of Rs. 50% of indexation of Cost of Improvement of Rs. 6,12,198/- was made. Aggrieved by the order of AO, assessee preferred appeal and Ld. CIT(A) after considered the facts and preposition of law partly allowed

Jugalkishore Banarasilal Saraf, Mumbai vs. Assistant Commissioner of Income Tax- Central Circle-2(1), Mumbai

In the result, the appeal filed by the revenue stands dismissed and the appeal filed by the assessee stands allowed

ITA 5058/MUM/2025[2019-20]Status: DisposedITAT Mumbai22 Dec 2025AY 2019-20

Bench: Hon’Ble Shri Sandeep Gosain& Hon’Ble Shri Om Prakash Kantjoint Commissioner Of Vs. Jugalkishore Income Tax (Osd), Central Banarasilal Saraf Circle 2(1), Mumbai 12-A, Saraf House, 802, 8Th Floor, Pratistha Hatkesh Co-Op. Hsg. Bhavan, C.G.O. Building, Society, N.M.Road, Maharashi Karve Road, J.V.P.D Scheme, Vile Mumbai- 400020 Parle, Mumbai- 400056 Pan/Gir No. Anrps9847D (Applicant) (Respondent) & Jugalkishore Banarasilal Vs. Joint Commissioner Of Saraf Income Tax (Osd), Central 12-A, Saraf House, Circle 2(1), Mumbai Hatkesh Co-Op. Hsg. Room No. 802, 8Th Floor, Society, N.M.Road, Pratistha Bhavan, Old Cgo J.V.P.D Scheme, Vile Annexe, Maharashi Karve Parle, Mumbai- 400056 Road, Mumbai- 400020 Pan/Gir No. Anrps9847D (Applicant) (Respondent) Shri. Himanshu Gandhi Revenue By Ms. Kavitha Kaushik,Sr.-Dr.

Section 132Section 250Section 694Section 69A

action? 4) Whether on the facts and circumstances of case, the Ld. CIT(A) erred in restricting the addition to 25% of indexed cost of improvement, instead of 50% disallowed by the AO of Rs 6,12,198/, in the absence of any details/submission filed by the assessee during ... account of Interest income u/s 69A and ad-hoc disallowance of Rs. 50% of indexation of Cost of Improvement of Rs. 6,12,198/- was made. Aggrieved by the order of AO, assessee preferred appeal and Ld. CIT(A) after considered the facts and preposition of law partly allowed

Joint Commissioner of Income Tax (OSD), Central Circle 2(1), Mumbai vs. Jugalkishore Banarasilal Saraf, Mumbai

In the result, the appeal filed by the revenue stands dismissed and the appeal filed by the assessee stands allowed

ITA 2431/MUM/2025[2022-23]Status: DisposedITAT Mumbai22 Dec 2025AY 2022-23

Bench: Hon’Ble Shri Sandeep Gosain& Hon’Ble Shri Om Prakash Kantjoint Commissioner Of Vs. Jugalkishore Income Tax (Osd), Central Banarasilal Saraf Circle 2(1), Mumbai 12-A, Saraf House, 802, 8Th Floor, Pratistha Hatkesh Co-Op. Hsg. Bhavan, C.G.O. Building, Society, N.M.Road, Maharashi Karve Road, J.V.P.D Scheme, Vile Mumbai- 400020 Parle, Mumbai- 400056 Pan/Gir No. Anrps9847D (Applicant) (Respondent) & Jugalkishore Banarasilal Vs. Joint Commissioner Of Saraf Income Tax (Osd), Central 12-A, Saraf House, Circle 2(1), Mumbai Hatkesh Co-Op. Hsg. Room No. 802, 8Th Floor, Society, N.M.Road, Pratistha Bhavan, Old Cgo J.V.P.D Scheme, Vile Annexe, Maharashi Karve Parle, Mumbai- 400056 Road, Mumbai- 400020 Pan/Gir No. Anrps9847D (Applicant) (Respondent) Shri. Himanshu Gandhi Revenue By Ms. Kavitha Kaushik,Sr.-Dr.

Section 132Section 250Section 694Section 69A

action? 4) Whether on the facts and circumstances of case, the Ld. CIT(A) erred in restricting the addition to 25% of indexed cost of improvement, instead of 50% disallowed by the AO of Rs 6,12,198/, in the absence of any details/submission filed by the assessee during ... account of Interest income u/s 69A and ad-hoc disallowance of Rs. 50% of indexation of Cost of Improvement of Rs. 6,12,198/- was made. Aggrieved by the order of AO, assessee preferred appeal and Ld. CIT(A) after considered the facts and preposition of law partly allowed

Jhansi Lakshmi Ramanadham, Hyderabad vs. ITO., Ward-8(1), Hyderabad

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

ITA 886/HYD/2025[2015-16]Status: DisposedITAT Hyderabad10 Dec 2025AY 2015-16

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.886/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2015-16) Smt. Jhansi Lakshmi Vs. Income Tax Officer Ramanadham Ward 8 (1) Hyderabad Hyderabad Pan:Acbpr3566K (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate S. Sandhya राज" व "ारा/Revenue By:: Shri Arun Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 04/12/2025 घोषणा की तारीख/Pronouncement: 10/12/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Smt. Jhansi Lakshmi Ramanadham, (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 30.05.2024 For The A.Y 2015-16. 2. At The Outset, It Is Seen That There Is A Delay Of 292 Days In Filing The Present Appeal Before This Tribunal. The Assessee Has Filed An Affidavit Explaining The Reasons For The Delay. The Learned Authorized Representative (“Ld. Ar”) Submitted That The Assessee Is Page 1 Of 12

For Appellant: Advocate S. SandhyaFor Respondent: : Shri Arun Kumar, Sr. DR

gain. In her computation, the assessee claimed selling expenses of Rs.14,54,022/-, indexed cost of acquisition of Rs.10,49,953/- and indexed cost of improvement amounting to Rs.3,04,99,447/-. She thus worked out her share of capital gain at Rs.1,47,98,631/-. Out of this ... observed that no satisfactory evidence had been produced in respect of the selling expenses claimed at Rs.14,54,022/-, nor for the indexed cost of improvement claimed at Rs.3,04,99,447/-. The Ld. AO also recorded that against the deduction under section 54 of the Act amounting to Rs.98