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2017 (5) TMI 1161 - DELHI HIGH COURTIndexation benefit on the borrowing cost - LTCG computation - leasehold right was cancelled on 29th March 1998 and the same was restored back on 6th August 2004 - Held that:- As explained by this Court in Commissioner of Income Tax v. Mithlesh Kumari (1973 (2) TMI 11 - DELHI High Court) the interest amount constituted part of the actual cost of the land. In fact the AO has in the assessment order calculated the LTCG by including the interest cost. It has been noted by the CIT (A) that the construction activities were carried out continuously and uninterruptedly even during the period when the lease was cancelled and later restored. Consequently, the Court finds no error having been committed by the ITAT in restoring the indexed interest cost as directed by the AO. No substantial question of law - Decided against revenue
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