Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
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The ITAT admitted additional grounds and, given the age of the assessee and the need for fairness, allowed one further opportunity to produce evidence on the source of investment in the foreign property, mortgage repayments, and residential status at the time of acquisition and repayment. It noted that the existing material did not conclusively establish the assessee's claim that the property was bought while non-resident from overseas earnings and mortgage finance, but it expressly declined to decide the factual merits or legal objections. The appellate order was set aside and the matter was restored to the CIT(A) for de novo adjudication, with all contentions left open.
The ITAT admitted additional grounds and, given the age of the assessee and the need for fairness, allowed one further opportunity to produce evidence on the source of investment in the foreign property, mortgage repayments, and residential status at the time of acquisition and repayment. It noted that the existing material did not conclusively establish the assessee's claim that the property was bought while non-resident from overseas earnings and mortgage finance, but it expressly declined to decide the factual merits or legal objections. The appellate order was set aside and the matter was restored to the CIT(A) for de novo adjudication, with all contentions left open.
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