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ITAT Grants Indexed Cost Benefit in JDA for Land and Constructed Area Rights
Case Law Details
- Case Name
- Suken Suresh Mehta Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2022-23
- Courts
- All ITAT, ITAT Mumbai
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Suken Suresh Mehta Vs ITO (ITAT Mumbai)
JDA Exchange Has a Cost — ITAT Allows Indexed Cost on Land & Constructed Area Rights
The Mumbai Bench of the Income Tax Appellate Tribunal partly allowed the assessee’s appeal for AY 2022-23, holding that capital gains arising from a Joint Development Agreement (JDA) cannot be computed by denying the indexed cost of acquisition, both in respect of undivided land and the constructed area received in exchange.
The assessee had acquired land in 1981 and entered into a JDA in 2013, under which 45% of undivided land was given to the developer in excha...





