Cost of improvement

Hi Friends

pls clarify my doubts

1. what and all expenditures can be included in Cost of Improvement?

2. Whether amount  paid for maintenance of land to the association can be included in Cost of Improvement?

3. whether amount paid for laying road in the colony can be included in cost of improvement?

 

 

Replies (4)

Sec 55 gives meaning of Cost of improvement. it states

 "(1) For the purposes of sections 48 and 49 , - (a) "Cost of any improvement", - (1) In relation to a capital asset being goodwill of a business or a right to manufacture, produce or process any article or thing shall be taken to be nil; and 

 

(2) In relation to any other capital asset, - 

 

(i) Where the capital asset became the property of the previous owner 852 or the assessee before the 1st day of April, 1981, means all expenditure of a capital nature incurred in making any additions or alterations to the capital asset on or after the said date by the previous owner or the assessee, and

 

(ii) In any other case, means all expenditure of a capital nature incurred in making any additions or alterations to the capital asset by the assessee after it became his property, and, where the capital asset became the property of the assessee by any of the modes specified in sub-section (1) of section 49, by the previous owner, but does not include any expenditure which is deductible in computing the income chargeable under the head "Interest on securities"(now merged with income from other sources) , 853c "Income from house property", "Profits and gains of business or profession", or "Income from other sources", and the expression "improvement" shall be construed accordingly."

 

Therefore maintenance of land can not be considered as cost of improvement (as it is of revenue and not capital nature)

 

Laying road in colony

"The Income-tax Officer would compute roads as building and depreciation should be given accordingly. In view of the circumstances, the parties are directed to bear their own costs."

source: law.incometaxindia.gov.in/dittaxmann/incometaxacts/2008itact/%5B1992%5D196ITR0149%28SC%29.htm

Also chk. www.indiankanoon.org/doc/1895841/

Roads are included in block of building also . (check the schedule also)

On the basis of decisoins made in above cases, in my opinion this is capital expenditure and hence Cost of improvement is allowed

But all these refferences are from income u/c PGBP

 

I am certain that I have read something in respect of this similar situatoin (road in colony) but am not able to cite my source . Lets see what others says/cite

yes agree with Z on all the points .

but i think that if the assessee want he can  agrue that because of such expenditure he is in position to realise more sales consideration  then in that case it shall be included in cost of improvement.

Thanks friend

 

What if a flat owner has made some extension in the flat, which was not notified to the local municipality? And after few years, the local municipality charges the flat owner a penalty for illegal extension in the flat. Can this penalty be part of cost of improvement? 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details
Company
07 October 2026
Senior Account Manager

Amplio Invest

Mumbai

M.Com

View Details
Company
ARTICLESHIP 16 September 2026
CA Article Trainee

SR BAGAI & Co.

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 07 October 2026
Article Trainee/ CMA Trainee

RMA And Associates LLP

New Delhi

CA Inter

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details
Company
ARTICLESHIP 07 October 2026
Article assistant

S.K.Bajpai & Co.

Noida

B.Com

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details
Company
ARTICLESHIP 18 September 2026
Industrial Trainee

Twenty Point Nine Five Ventures Private Limited

Noida

CA Inter

View Details