Assessee had purchased a vacant site from Development Authority by taking loan from bank and total interest paid was claimed as cost of acquisition of asset under section 48 while computing long term capital gains. Assessing Officer denied interest amount as part of cost of acquisition by holding that interest expenditure could be claimed as deduction under section 24 in year of payment. Assessee contended that the interest was not claimed as deduction.Matter remanded. During year, the assessee had received certain amounts from relatives. The Assessing office made addition under section 69A of the Act. On appeal the Tribunal held that since many of credits appearing in assessee’s bank account were on account of bank transfers and assessee’s submission could not be totally ruled out and assessee being an NRI and not being present in India during assessment proceedings, could not produce necessary material/evidence before Assessing Officer, in interest of justice and equity, matter was remanded to the Assessing Officer. (AY.2017-18)
Jerry Mathew Elias Kovoor. v. ITO(IT) (2022) 192 ITD 38 (SMC) (Bang.)(Trib.)
S. 48 : Capital gains-Computation-Sale of land-Interest paid was not claimed as deduction-Gifts from relatives-Matter remanded. [S. 24, 45, 69A]