Arun Tulshidas Kharat. v. DCIT (2024) 204 ITD 618 (Pune) (Trib.)

S. 48 : Capital gains-Mode of Computation-Long term capital gains-Indexation-Cost of improvement-Failure to file necessary documents-Disallowance is affirmed.[S. 45]

Assessee sold flat and claimed deduction of certain amount as index cost of improvement.  Assessing Officer held  that bills for cost of improvement were in name of  Wings Travel Management India Pvt Ltd  hence  disallowed cost of improvement. CIT(A) also affirmed the disallowance. On appeal the Tribunal held that  to claim cost of improvement, assessee had to establish that he had incurred expenditure for improvement of immovable asset. Since assessee had failed to file necessary documentary evidence for claiming cost of improvement and Assessing Officer had already allowed assessee’s partial claim of cost of improvement to extent of bills which were in name of assessee, disallowance of cost of improvement was to be upheld. (AY. 2014-15)

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