The assessee sold its property for Rs.4. 58 crores and while computing capital gains claimed Rs.23. 31 lakhs as cost of acquisition. The AO added Rs.1.86 crores to sale consideration being refundable deposit made with State Industries Promotion Corporation at the time of obtaining lease which was now returned. The amount is assessed as short term capital gains on as relinquishment of its rights in property. On appeal the Tribunal held that if the said amount is considered as sale consideration the assessee is entitle it as cost of acquisition.  Order of the Tribunal is affirmed by the High Court.  (AY. 2008-09)