PCIT v. Manoj Bhupatbhai Vadodaria. (2019) 413 ITR 159/ 265 Taxman 246 (Guj.)(HC)

S. 49 : Capital gains – Previous owner-Cost of acquisition–Shares received as gift- Indexed cost- Date of acquisition by previous Owner to be considered. [S. 45,49 (1)]

Dismissing the appeal of the revenue the Court held that  the cost of acquisition of the asset should be deemed to be the cost for which the previous owner of the asset acquired it, as increased by any cost of improvement of the assets incurred or borne by the previous owner or the assessee as the case might be and that there was no provision under which the cost of acquisition in the hands of the assessee in cases such as gift on the date of acquisition of the property could be made and found in the Act.