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TMI Blog2018 (12) TMI 1250X X X X Extracts X X X X X X X X Extracts X X X X ..... documents clearly show that when the purchase of the impugned property was made, it was a wet land and subsequently when it was compulsorily acquired, the same was a filled wet land. AR, in the course of hearing, had produced old note book, wherein the expenditure incurred for filling up of the land and constructing a compound wall was hand-written. The translated copies of the said note book was also enclosed therefore, the conclusion of the CIT(A) that no evidences were produced before him, for incurring cost for improvement of land, was factually incorrect. There is no doubt that the land purchased by the assessee was paddy wet land, which was subsequently filled up and the same is evidenced from both the purchase deed and the land acqu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of improvements and the indexed cost thereof in spite of proof submitted. 3. The learned CIT(Appeals), erred in overlooking the fact that stamp duty and registration charges incurred have not been allowed by the assessing officer, while computing the cost of acquisition of the acquired land. 4. For this and other grounds and documents that may be submitted at the time of hearing, it is humbly prayed that the Hon.Tribunal may be pleased to allow the appeal and direct that the claim of the appellant for indexed cost of improvement may be allowed." 3. Brief facts of the case are as follows:- 3.1 The assessee is a retired ex-serviceman (driver). The assessee was in possession of 34 cents of land in Pettah village, Trivandrum. He had purch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uisition at ₹ 2,52,918 from the total compensation received for 28 cents of land. The Assessing Officer determined the income on account of LTCG at ₹ 14,20,900 (16,73,815 - 2,52,918). 4. Aggrieved by the assessment order in determining the LTCG at ₹ 14,20,900, the assessee filed an appeal before the first appellate authority. The Copies of Notarized English translation of the documents and copies of translated pages of the note book, wherein the expenses incurred for filling up the land were produced before the CIT(A). The CIT(A), however, confirmed the assessment order. 5. Aggrieved by the order of the CIT(A), the assessee has filed the present appeal before the Tribunal. Though the assessee had raised a ground that sta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record. The solitary issue that was argued before us is the disallowance of the claim of indexed cost of improvement. The assessee had produced the original purchase deed executed for the financial year 1993-1994 for a total consideration of ₹ 1,54,360. In the said sale deed, the description of the property is enumerated as paddy field. The assessee has also produced a copy of the land acquisition notice u/s 9(13) of the Land Acquisition Act, 1894, wherein it is clearly enumerated the land as a "filled wet land". Therefore, these documents clearly show that when the purchase of the impugned property was made, it was a wet land and subsequently when it was compulsorily acquired, the same was a filled wet land. The learned AR, in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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