Question And Answer
Subject: payments to tenants
Category: 
Querist: BKS
Answered by:
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Date: June 15, 2023
Query asked by BKS

landlord pays sums to vacate tenants and then sells building outright.
Can he claim these as costs while computing LTCG ?

 

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Yes, the same can be claimed as a cost of improvement. The Hon’ble Income-tax Appellate Tribunal – Hyderabad Bench in the case of Mohammed Farooq v. ITO [2015] 60 taxmann.com 212 (Hyderabad – Trib.) held that while determining the cost of acquisition, the cost of buildings on the land to be demolished, amounts paid to tenants/unauthorised hutments and litigation expenses should also be taken into consideration.



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