oppn parties Payment For Amenities Can Be Included In Total Cost Of Acquisition Of A Flat

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  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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Payment For Amenities Can Be Included In Total Cost Of Acquisition Of A Flat

By Sunil Garodia
First publised on 2020-12-14 10:19:53

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

 In a landmark order that is likely to benefit many flat owners who have to pay capital gains tax if they sell their flats, the Income-Tax Appellate Tribunal (ITAT)'s Mumbai bench ruled in the favour of a taxpayer by allowing her to claim the cost of documented amenities (as distinct from furniture and fittings) in the total cost of acquisition before adjusting for indexation and arriving at the capital gain she made when she sold her flat.

The dispute arose as the assessing officer disallowed the payment made for amenities added to her flat in the total cost of acquisition, thereby increasing the capital gain she made and consequently, the tax payable by her rose by a handsome amount. The taxpayer appealed to the ITAT which directed the I-T officer to ascertain whether other flat owners had also availed of the said amenities and paid for them.

The assessing officers do not keep up with the times and almost always complete income tax assessments going by the rule book and past precedent. But even if the law does not change, there are certain areas where commercial practices and documentary evidence can guide the officers to conclude the genuineness of the claims.

In the instant case, it was found that 33 other flat owners in the society had availed of the amenities offer by paying various amounts to a sister concern of the promoters which provided them with the said amenities. The appellant taxpayer had documentary evidence of having paid Rs 9.4 lakh for special water proofing in toilets and the kitchen and special wood for the windows. These amenities increase the cost of acquisition as they add value to the property. Obviously, they fetch a better sale price too.

Further, the appellant taxpayer had been showing the said payment as an addition to her cost of acquisition in her financial statements and I-T returns from the year she purchased the property. The ITAT decided in her favour after taking into account all documentary evidence.

Real estate is now being sold in India with many add-ons, like passenger cars. Builders have a base unit where they give normal things. But a buyer can always pay more to get his or her flat custom built. That adds value to the property and increases the cost of acquisition. The taxman has to consider this when calculating capital gains provided the taxpayer has all documentary evidence like agreements, bills and proof of payment and has included the same in his or her financial statements from the date of purchase.