Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
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ITAT held that investment in the new residential flat was evidenced by registered purchase documents, supported by stamp duty and registration payments, banking entries, and the vendor's confirmation of receipt through banking channels. The authorities erred in treating the investment as unexplained merely because cheques were encashed later and in doubting the lease arrangement without showing the registered deed was sham or fraudulent. The reinvestment for capital gains exemption, made within the prescribed period, was therefore allowable and the related addition under unexplained money provisions was deleted. ITAT also deleted the addition for cash deposits, accepting the cash received on sale of the original flat and the balance explained by sale of household goods and current cash balance.
ITAT held that investment in the new residential flat was evidenced by registered purchase documents, supported by stamp duty and registration payments, banking entries, and the vendor's confirmation of receipt through banking channels. The authorities erred in treating the investment as unexplained merely because cheques were encashed later and in doubting the lease arrangement without showing the registered deed was sham or fraudulent. The reinvestment for capital gains exemption, made within the prescribed period, was therefore allowable and the related addition under unexplained money provisions was deleted. ITAT also deleted the addition for cash deposits, accepting the cash received on sale of the original flat and the balance explained by sale of household goods and current cash balance.
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