Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
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Capital gains on an assessee's mortgaged immovable property are computed on the full sale consideration, less admitted deductions, even where a secured creditor sells the property in recovery proceedings and appropriates all proceeds toward another borrower's debt. Appreciation in the owner's property value triggers the charge; a distress sale under an enforceable mortgage or attachment does not alter the computation. The owner's non-receipt of proceeds does not remove liability where the mortgage was voluntarily created with knowledge of default consequences. The capital gains assessment therefore remains sustainable.
Capital gains on an assessee's mortgaged immovable property are computed on the full sale consideration, less admitted deductions, even where a secured creditor sells the property in recovery proceedings and appropriates all proceeds toward another borrower's debt. Appreciation in the owner's property value triggers the charge; a distress sale under an enforceable mortgage or attachment does not alter the computation. The owner's non-receipt of proceeds does not remove liability where the mortgage was voluntarily created with knowledge of default consequences. The capital gains assessment therefore remains sustainable.
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