ITO v. Sohrab Fali Mehta (2023) 200 ITD 694(Mum)(Trib)

S. 49 : Capital gains-Mode of Computation-Indexed cost-Acquired under will-Previous owner-Computed with respect to year in which previous owner first held asset and not in year in which assessee became owner of asset-Brokerage and commission-Legal expenses-Allowable as deduction-Payment of compensation to vacate the premises-Allowable as deduction. [S. 45, 48]

Dismissing the appeal of the Revenue the Tribunal held that while computing capital gains arising on transfer of capital asset acquired by assessee under will, indexed cost of acquisition has to be computed with respect to year in which previous owner first held asset and not in year in which assessee became owner of asset. Held that the  brokerage expenses having been incurred wholly in connection with transfer of property under section 48 would be fully allowable as deduction while computing capital gains of assessee and the Assessing Officer cannot merely restrict allowability of same on basis of excessiveness. Payment to solicitors to look after legal aspects of transaction of transfer of subject property and claimed it as deduction, only works which were carried out by solicitors in connection with transfer of subject property would be allowable as deduction. Compensation paid to licensee to get premises vacated before lock in period of 12 months so that vacant possession of property could be given to buyer, would certainly be construed as an expenditure incurred in relation to transfer of property and therefore, allowable as deduction (AY. 2016-17)