21/08/2025
*❇️ ITAT Rules in Favor of NRI — Indexation Should Start from Agreement Date, Not Possession*
In a *landmark judgment*, the Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has *granted relief to an NRI assessee, Braj Kishore Singh*, by affirming that the date for computing indexation benefit in long-term capital gains (LTCG) should be the *date of the agreement to sale—not the date of possession.* This decision centers on the interpretation of Section 48 (Explanation (iii)) of the Income Tax Act, 1961. 
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*💢Case Background*
The dispute pertains to the Assessment Year (AY) 2015–16. Mr. Singh, a non-resident Indian, sold a residential flat for ₹70 lakhs but had failed to file a return of income. The case was reopened under Section 147 due to alleged escapement of income. In such reassessment proceedings, the Assessing Officer (AO) calculated LTCG at ₹17,04,264, applying indexation from FY 2010–11—when possession of the property was taken. 
*♻️ Assessee’s Argument*
Mr. Singh contended that the agreement for purchase was executed in November 2007, and over 64% of the price was paid by FY 2007–08. He argued that his holding period began with the agreement date, not possession, making the agreement date the valid acquisition date for indexation purposes. 
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*⚠️Tribunal’s Finding*
The ITAT Bench—consisting of Padmavathy S (Accountant Member) and Raj Kumar Chauhan (Judicial Member)—ruled in favor of the assessee. It held that the “*date of agreement to sale*,” specifically 16 November 2007, constitutes the acquisition date for LTCG purposes, aligning with established judicial precedents. Consequently, indexation must be calculated from this date, not when possession was transferred (16 December 2010).
_This ruling provides much-needed clarity on the interpretation of Section 48 of the Income Tax Act and strengthens the legal stance for NRIs and other taxpayers who enter into agreements well before taking actual possession._
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*🛖What This Means*
➤ *Holding period* : Begins from agreement date, not possession date, for LTCG computation
➤ *Indexation calculation* : More favorable for taxpayers when significant payments made early
➤ *Legal precedence* : Reinforces reliance on earlier judgments allowing agreement date recognition
➤ *NRI taxpayers* : Sets precedent for future disputes regarding long-term gains on property sale.