Capital Gain Deductibility: proportionate IPO and PMS expenses held allowable against capital gains where netting and nexus to transfer are establishe...
Admissibility of Documentary Evidence: appellate authority may admit self explanatory documents on first production and uphold deletion of unexplained...
Reopening of assessment concerned unexplained payment and alleged difference between stamp duty value and consideration under valuation provisions; appellate note records that the assessee, a non-resident, failed to substantiate a Rs.7,00,000 payment and was not questioned on the valuation difference. The appellate authority found the first appellate order disposed for nonprosecution without merits and the assessing officer did not verify payment dates or bank records. The tribunal directed restoration to the assessing officer for a fresh opportunity to the assessee to substantiate source of funds and to explain the stamp duty versus registration value (difference found less than 10%). Appeal allowed for statistical purposes.
Reopening of assessment concerned unexplained payment and alleged difference between stamp duty value and consideration under valuation provisions; appellate note records that the assessee, a non-resident, failed to substantiate a Rs.7,00,000 payment and was not questioned on the valuation difference. The appellate authority found the first appellate order disposed for nonprosecution without merits and the assessing officer did not verify payment dates or bank records. The tribunal directed restoration to the assessing officer for a fresh opportunity to the assessee to substantiate source of funds and to explain the stamp duty versus registration value (difference found less than 10%). Appeal allowed for statistical purposes.
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