Held that the assessee purchased new residential property jointly with his wife and both the co-owners having filed affidavit confirming that the investment was made in the ratio of 2:1, assessee’s claim for exemption under s. 54 is acceptable in principle, subject to verification of the actual contributions made by the assessee and his wife towards the new property. Tribunal also held that assessee claimed to have incurred expenditure in cash and having produced documentary evidence in the form of contractor bills and work details, the claim for the indexed cost of improvement of the old property is allowable to the assessee in the computation of capital gains arising from the sale of the said property. (AY.2012-13)
Dilip Mohandas Devani v. ITO (2025) 237 TTJ 1098 (Ahd)(Trib)
S. 54: Capital gains-Profit on sale of property used for residence-Co-owners-New residential property jointly purchased by assessee and his wife-Actual contribution towards the purchase of the new house is a relevant factor while determining the eligible exemption-AO is directed to verify the proportion of investment made by the assessee and allow the exemption accordingly-Cost of improvement-The assessee has provided the best available documentary evidence in the form of contractor bills and work details, the claim for indexed cost of improvement is allowed to the assesse. [S. 45, 48]
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