Can indexation be claimed on Commercial Property?

• What is "Residential House" as per Income Tax Act?
• What is "Commercial Property" as per Income Tax Act?
• If no depreciation has been claimed (also not allowed in self assessment) on "Commercial Property" used for residence, can Indexation be claimed to arrive at Capital Gain on its sale?

as per [2004] 134 taxman 790 (mad.) High Court of Madras in M. Raghavan v. Assistant Commissioner of Income-tax, R. JAYASIMHA BABU AND S.R. SINGHARAVELU, JJ. TAX CASE NO. 350 OF 2001 DECEMBER 10, 2003

link for the case  http://law.incometaxindia.gov.in/Directtaxlaws/act2005/%5B2004%5D134Taxman0790(Mad).htm

 

indexation can not be claimed if depreciation has been claimed. as per above case

indexing were to be applied, there would be no capital gain available in most cases, for being brought to taxation. The value of depreciable asset in most cases comes down over a period of time, although there are cases where the sale value of a depreciated asset exceeds the cost of acquisition. The result of allowing indexing, if it were to be allowed, is to regard the cost of acquisition as being very much higher than what it actually is, to an assessee. If such boosted cost of acquisition is required to be deducted from the amount realised on sale, in most cases, it would result in a negative figure, resulting in the assessee being enabled to claim a capital loss. Clearly, it could not have been the legislative intent to confer such multiple benefits to the assessees selling depreciable assets