Addition of capital gain - cost of indexation - JDA property - ...

Capital Gains Tax: Calculate Indexed Cost from First Year Previous Owner Held Property in Joint Development Agreement.

August 2, 2021

Case Laws     Income Tax     AT

Addition of capital gain - cost of indexation - JDA property - Though in the definition of 'indexed cost of acquisition', the word used are, "in which the asset was held by the assessee" a harmonious reading of Sections 48 and 49 makes it clear that, for the purpose of 'Indexed Cost of Acquisition', it has to be understood as the first year in which the previous owner held the said property. Otherwise, if the date of inheritance is taken into consideration, then the cost of acquisition of the asset on that date corresponding to the market value is to be taken into consideration. Otherwise, take the cost of acquisition on the day the previous owner acquired it and apply the "Indexed Cost of Acquisition" and then calculate the capital gains and the tax payable. Accordingly we direct the AO to recompute the cost of acquisition in the light of above discussion - AT

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