Mis-declaration and Concealment: confiscation affirmed, transaction value re-determined and mandatory penalty sustained; redemption allowed on payment...
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Payments made by a co-owner to occupants for vacating property before sale were treated as allowable in computing capital gains because the evidence showed they were incurred to secure vacant possession and facilitate transfer of an unencumbered, alienable title. The Tribunal accepted contemporaneous cheque records, receipts, affidavits and utility bills, and held the claim could not be rejected merely on suspicion or as an afterthought without rebuttal inquiry. Such eviction-related payments were regarded as part of the cost of acquisition or as expenditure wholly and exclusively in connection with the transfer, and the capital gains were directed to be recomputed accordingly.
Payments made by a co-owner to occupants for vacating property before sale were treated as allowable in computing capital gains because the evidence showed they were incurred to secure vacant possession and facilitate transfer of an unencumbered, alienable title. The Tribunal accepted contemporaneous cheque records, receipts, affidavits and utility bills, and held the claim could not be rejected merely on suspicion or as an afterthought without rebuttal inquiry. Such eviction-related payments were regarded as part of the cost of acquisition or as expenditure wholly and exclusively in connection with the transfer, and the capital gains were directed to be recomputed accordingly.
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