L. Vivekananda v. ACIT (2021) 187 ITD 238 (Bang.)(Trib.)

S. 45 : Capital gains-Indexed cost-Allotment letter-Date to be reckoned is date of allotment of property and not date on which possession certificate was issued-Cost of improvement was not allowed. [S. 2(29A), 55]

Assessee declared capital gains from sale of property. The assessee computed the capital gains from the  date of allotment of property was on 20-5-1986, for which consideration was paid on 29-5-1986. Assessing Officer held that   possession certificate was issued on 23-6-1998 and ultimately it was sold on 9-5-2012-Based on date of possession certificate, Assessing Officer computed cost of inflation indexation to compute capital gains, and, accordingly, made addition. On appeal the Tribunal held that  for computing cost of inflation of asset, date to be reckoned was date of allotment of property to assessee and not date on which possession certificate was issued to assessee. However  as the assessee could not furnish any revenue record to show existence of building on land on which capital gain was claimed, benefit of related cost of improvement  was  granted.   (AY. 2013-14)