TaxTMI 
TaxTMI 
2017 (10) TMI 1150
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....cer on account of long term capital gain declared by the assessee appellant in respect of sale of property situated at Ghaziabad for a sum of Rs. 77, 25, 000/-, by denying the benefit of exemption under section 54 of the Act amounting to Rs. 48, 11, 161/-and also by not giving the full benefit of indexation on account of cost of improvement amounting to Rs. 25, 82, 368/-, as claimed by the appellant. 1.1 That the learned Commissioner of Income Tax (Appeals) has further, failed to appreciate the fact that the assessee - appellant had duly furnished the requisite documents/ evidences in order to establish that she is eligible to claim exemption under section 54 of the Act and as such, the enhancement so made by learned CIT (A), where....
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....learned CIT (A) is also contrary to statutory and judicial discipline and should be deleted, as such." 3. Facts of the, in brief, as emanating from the order of the Assessing Officer, as observed by the ld. CIT(A) are reproduced hereinbelow: "As against the returned income of Rs. 3,95,858/- the income was assessed u/s 143(3) vide order dated 20.12.2011 at an income of Rs. 25,59,480/- after making additions of Rs. 21,63,617/-. The Assessee is in Appeal against the additions. Ground No. 1 to 7 All the Grounds of Appeal are taken up together. The Observations of the Assessing Officer in the Assessment Order are reproduced in Para 8, the Submissions of the Appellant are reproduced in Para 9 and the Decision alongwith the re....
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....ng term capital gain as submitted by the assessee are reproduced here as under: Since, the above computation was not in accordance with I.T. Act, a questionnaire was issued on 16.09.2011 requiring the assessee to file following details: 1. Copy of latest Wealth Tax Returns. In case of discontinuation, please explain the reason of the same. 2. As per Wealth Tax Return for A. Y2000-01, the value of house at Ghaziabad is taken at Rs. 6,07,600/-. This includes indexed cost of purchase as well as construction on that date. Accordingly, you are requested to rework the cost of acquisition. 3. Also file statement of affairs of the assessee for A. Y.2008-09 and 2009- 10. 4. File evidence in support of construction....
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....31.03.2000. Accordingly, this will be taken as cost as on 01.04.2000 and for working cost of acquisition for F.Y 2008-09 relevant to A.Y 2009-10, same will be appreciated by considering base index of 389 for F.Y 2000-01 and that for A.Y 2009-10 at 582. Assessee has claimed cost of improvement amounting to Rs. 1,25,000/- during F. Y 2007-08 but after specific query no evidence has been filed except that assessee has withdrawn the amount of Rs. 1,00,000/- and Rs. 25,000/- on 23.04.2007 and 09.04.2007 respectively, withdrawal from the bank is not an evidence in the absence of bills of building material or labour cost etc. In view of this improvement cost shown at Rs. 1,25,000/- as claimed by the assessee is disallowed. Though....
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....e net consideration, shall not be charged u/s 45". 4. The ld. CIT(A), in fact, confirmed the action of the Assessing Officer and at the same time withdrew the exemption u/s 54F of the Act and the Assessing Officer was directed to determine the long term capital gain in view of the decision of the ld. CIT(A) accordingly, against which the assessee is in appeal before me. 4. I have heard the rival submissions and have perused the relevant material on record. The house in Ghaziabad was sold on 29.05.2008 for Rs. 77,25,000/- is not under dispute. The house was purchased on13.08.1986 for Rs. 97,365/- and there was improvement in the year 1990 to the extent of Rs. 5,10,235/- making total cost at Rs. 6,07,600/- apart from the addition ....