While computing the capital gains upon sale of an asset, any capital expenditure incurred on the addition or alteration of the said capital asset that qualify as “cost of improvement” is deductible from the sales consideration. Thus, if the repair expense is capital in nature, it shall be allowed as deduction in computing the capital gains provided it is not claimed as a deduction under any other head. However, no deduction for revenue expenditure shall be allowed from the sales consideration. The bills and bank statement reflecting the payment shall be the sufficient evidence to substantiate the expenditure.
From your query, we understand that your aunt is receiving the family pension in the form of periodical payments. The family pension received by your aunt shall be liable to tax as the ‘income from other sources’ under section 56 of the Income-tax Act, 1961. As per section 57 of the Act, a deduction of 33.3% of amount of such family pension or Rs 15,000 whichever is less, shall be allowed while taxing such income. However, in case, the total amount of your aunt consisting of family pension along with the other income is below the basic exemption limit of tax (Rs 5,00,000 in case of a senior citizen), no tax shall be required to be paid.
Chirag Nangia, Director, Nangia Advisors LLP
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