2025 (1) TMI 755 - AT - Income Tax

Computation of LTCG - deduction of interest expenditure disallowed to while computing the long-term capital gain on sale of building - CIT(A) has reversed the disallowance and held that such interest cost will form part of the cost of acquisition placing reliance upon the judgment Mithlesh Kumari 1973 (2) TMI 11 - DELHI HIGH COURT - HELD THAT - Reasons cited by the CIT(A) are sound and is in consonance with the judgment rendered by the Hon ble High Courts as well as the Co-ordinate Bench of Tribunal. We thus see no reason to interfere. Significantly, the Finance Bill, 2023 has proposed certain amendment in this regard from which it appears that as per the existing position of law, some assessee claims deduction towards interest paid on borrowed capital utilized for acquisition of the property u/s 24(b) - The same amount of interest is also being claimed u/s 48 of the Act as part of cost of acquisition. In order to prevent double deduction, the Finance Bill, 2023 has proposed to insert a proviso after clause (ii) of Section 48 so as to provide that cost of acquisition or the cost of improvement shall not include the amount of interest claimed under Section 24 of the Act. The amendment is proposed to take effect from Assessment Year 2024- 25 prospectively. Thus, the proposed amendment in Section 48 to prevent double taxation makes the existing position of law loud and clear. As a corollary, as per the existing position, the assessee is entitled to claim interest on borrowed capital used for acquisition of property as part of its cost of acquisition for the purposes of determination of capital gains. For this reason also, there appears to be no infirmity in the conclusion drawn by the CIT(A). Hence, we decline to interfere. Tribunal made reference to the Amendment carried out in section 48 vide Finance Bill, 2023, which is applicable from A.Y. 2024-25. In this amendment, it has been provided that from A.Y. 2024-25, the interest expenditure will not be admissible to the assessee. The above discussion in the order of ITAT, Delhi passed in 2023 (3) TMI 770 - ITAT DELHI would reveal that the issue in dispute is squarely covered in favour of the assessee.

Summary

1. ISSUES PRESENTED and CONSIDERED

The core legal question in this judgment revolves around whether the interest expenditure incurred by the assessee on loans taken for acquiring a property is admissible as a deduction when computing long-term capital gains under Section 48 of the Income Tax Act, 1961. The dispute also touches upon the applicability of the interest deduction under Section 24(b) of the Act and its interaction with Section 48.

2. ISSUE-WISE DETAILED ANALYSIS

Issue: Admissibility of Interest Expenditure in Capital Gains Computation

Relevant Legal Framework and Precedents

The legal framework primarily involves Section 48 and Section 24(b) of the Income Tax Act, 1961. Section 48 pertains to the computation of capital gains, allowing deductions for the cost of acquisition and improvement of the asset. Section 24(b) allows a deduction for interest on borrowed capital used to acquire, construct, repair, renew, or reconstruct property under the head of 'Income from House Property'. The Tribunal considered precedents from various judgments, including those by the ITAT Chennai Bench and the Delhi High Court, which have addressed similar issues.

Court's Interpretation and Reasoning

The Tribunal interpreted that the deduction under Section 24(b) and the computation of capital gains under Section 48 are governed by different heads of income and do not exclude each other's applicability. Therefore, the interest paid on borrowed capital for acquiring a property can be included in the cost of acquisition for capital gains computation, even if it was claimed under Section 24(b).

Key Evidence and Findings

The Tribunal noted that the assessee had not claimed the interest under Section 24(b) and that the interest was directly related to the acquisition of the property. The Tribunal referenced the decision in the case of ACIT vs. C. Ramabrahmam, where it was held that interest on borrowed capital could be included in the cost of acquisition for capital gains computation.

Application of Law to Facts

The Tribunal applied the legal principles established in previous judgments to the facts of the case, determining that the interest expenditure was indeed part of the cost of acquisition. Thus, the assessee was entitled to include this interest in the computation of capital gains under Section 48.

Treatment of Competing Arguments

The Revenue argued that the interest should have been claimed under Section 24(b) and not under Section 48. However, the Tribunal found that the existing legal framework allowed for the interest to be included in the cost of acquisition under Section 48, as both sections operate under different heads of income.

Conclusions

The Tribunal concluded that the interest expenditure was admissible under Section 48, allowing the assessee's appeal and deleting the addition made by the Assessing Officer.

3. SIGNIFICANT HOLDINGS

Preserve Verbatim Quotes of Crucial Legal Reasoning

"Since both provisions are altogether different, the assessee in the instant case is certainly entitled to include the interest amount at the time of computing capital gains under section 48 of the 'Act'."

Core Principles Established

The judgment reinforced the principle that interest on borrowed capital used for acquiring a property can be included in the cost of acquisition for capital gains computation under Section 48, even if it was claimed under Section 24(b) for income from house property. The Tribunal emphasized that the heads of income under Sections 24(b) and 48 are distinct and do not preclude each other's applicability.

Final Determinations on Each Issue

The Tribunal allowed the appeal of the assessee, determining that the interest expenditure was admissible in the computation of long-term capital gains under Section 48. The decision was made in light of existing legal precedents and interpretations, as well as the proposed amendment in the Finance Bill, 2023, which clarifies the non-admissibility of such interest from Assessment Year 2024-25 onwards.