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2009 (7) TMI 848 - ITAT, MUMBAICapital gain - Income-tax Officer has erred in taking the date of acquisition as 6-1-1992 as against 27-12-1990 declared by the appellant in respect of original cost of acquisition of Rs. 63,59,980 and thereby taking indexation total acquisition cost with effect from 6-1-1992 which is the date of improvement - property is purchased by way of agreement dated 27-12-1990 and the assessee has obtained the certificate under section 269UL(3) as early as 13-2-1991 - It cannot be stated that only after vacating the tenant the assessee got possession because the assessee is the owner of the property with effect from 27-12-1990, but is in the adverse possession of a tenant which was subsequently got vacated - Since the assessee is deemed to be holding the property with effect from 27-12-1990 as owner, claim of indexation from that date is correct – Appeal allowed
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