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Lakshman M. Charanjiva, Mumbai vs Ito (It) 2(1)(1), Mumbai on 3 October, 2018

The acquisition of the property is related to date of transfer of the property as per Transfer of the Property Act. In fact, as per section 2(47) of the IT Act, the term of transfer in relation to a capital asset bears an inclusive definition. This may be important for indexing cost of acquisition of property which is to be calculated, based on the schedule of payments made. The same observation has been made in case of Lakshman M. Charanjiva Vs ITO by ITAT, Mumbai Bench. The AO is directed to verify as to when the title of the property was transferred in the name of the assessee by passing a speaking order. Accordingly, the AO may decide whether the capital gains arise out of sale of the property is short term or long term. The objection is accordingly disposed of."
Income Tax Appellate Tribunal - Mumbai Cites 12 - Cited by 2 - Full Document
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