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Income Tax

In case of inheritance, if assets were acquired by the previous owner before 1st April, 1981, then, cost index should be based on the index of financial year 1981-82

Case Law Details

TaxGuru Citation
2012 taxguru.in 55
Case Name
Deputy Director of Income Tax Vs. Ms. Banita Sawhney (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2006- 07
Courts
ITAT Delhi
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Base year for calculation of index cost of acquisition of the shares in terms of Explanation (iii) to Section 48 of the Act, acquired by the assessee by way of inheritance (one of the modes specified in Section 49(1) of the Act) should be  taken as financial year 1981-82 when such shares were acquired by the previous owner prior to 1st April, 1981. As decided by bobbay high court also  in the case of CIT vs. Manjula J. Shah.

 INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH

ITA No. 2976/Del/2011, Assessment Year: 2006- 07

Deputy Director of Income Tax

Vs.

Ms. Banita Sawhney

ORDER

PER I.P. BANSAL, JUDICIAL MEMBER

This is an appeal filed by the revenue. It is directed against the order passed by the CIT (A) dated 3rd February, 2011 for Assessment Year 2006-07. The grounds of appeal read as under:-

1. On the facts and circumstances of the case, learned CIT (A) has erred in holding that base year for calculating indexed cost of acquisition would be 1981-82.

2. On the facts and circumstances of the case, learned CIT (A) has erred in not appreciating that first year in which asset was held the assessee was the first year in which it was inherited by the assessee.

3. The appellant prays for leave to add, amend, modify or alter any grounds of appeal at the time or before the hearing of appeal.”

2. The assessee had inherited property on the death of her father on 5th December, 2001. The details of the property which comprise shares has been tabulated in the order of the CIT (A) and, for the sake of convenience, the same is reproduced below:-

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