ACIT v. Shree Krishna Pharmacy (Mum) (Trib) (Unreported)

S. 48 : Capital gains – Computation -Tenancy rights – Value of tenancy rights to be considered for determination of cost of acquisition [ S. 45, 49,50C ]

Dismissing the appeal of the revenue the Tribunal held that , value of tenancy rights to be considered for determination of cost of acquisition . The builder has given alternative flat to the assessee only by way of surrender of tenancy rights .Had there been no tenancy rights the builder would not have offered any flat to the assessee on ownership basis. Thus it is valuable right on which cost of acquisition has to be determined .Followed CIT v. Abrar Alvi (2001 ) 247 ITR 312 ( Bom) (HC). ( ITA No 3947/Mum/2016 dt 19-04-2018 “H” )(AY. 2007 -08)