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Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted documentary proof.
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A registered sale deed expressly allocated registration/purchase expenses to the seller, and the tribunal treated that contractual allocation as overriding the statutory presumption that the purchaser bears stamp and registration costs; because the Revenue produced no independent evidence or verification from the purchasers to rebut the deed, the tribunal concluded the claimed registration charges were properly deductible from sale consideration and deleted the assessing and appellate authorities' disallowance, directing allowance of those expenses in computing capital gain for the relevant assessment year.
A registered sale deed expressly allocated registration/purchase expenses to the seller, and the tribunal treated that contractual allocation as overriding the statutory presumption that the purchaser bears stamp and registration costs; because the Revenue produced no independent evidence or verification from the purchasers to rebut the deed, the tribunal concluded the claimed registration charges were properly deductible from sale consideration and deleted the assessing and appellate authorities' disallowance, directing allowance of those expenses in computing capital gain for the relevant assessment year.
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