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Income Tax - Highlights / Catch Notes

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Capital gain - determination of cost of acquisition - Inasmuch ...


Capital Gains Tax: Cost of Acquisition Excludes Voluntary Value Increases; Fair Market Value Not Considered in Assessments.

July 6, 2022

Case Laws     Income Tax     AT

Capital gain - determination of cost of acquisition - Inasmuch as the legislative language is clear and unambiguous, we do not find anything perverse in the orders of the authorities below, and merely because of some voluntary act of the mother of the assessee in valuing the property on higher side at the time of receiving of the same, we do not accept the contention that the authorities should have accepted such escalated value. Law contemplates only ‘cost of acquisition’ but not ‘fair market value’. Voluntary acts of the parties will not disturb the legal position or affect the impact of law. - AT

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