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    <title>2017 (10) TMI 237 - ITAT MUMBAI</title>
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    <description>Section 40(a)(ia) was held applicable to payments made during the year as well as amounts remaining payable at year-end, because the provision extends to both categories where tax deduction obligations under Chapter XVII-B are not met, so the disallowance was sustained. On the capital gains issue, recorded title documents showing joint purchase and sale of the residential flat supported treatment of the assessee as a one-third co-owner, and the assessee failed to rebut that presumption with cogent evidence, so capital gains were taxable to that extent; proportionate cost of acquisition and indexation relief were to be examined on verification.</description>
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      <title>2017 (10) TMI 237 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=349082</link>
      <description>Section 40(a)(ia) was held applicable to payments made during the year as well as amounts remaining payable at year-end, because the provision extends to both categories where tax deduction obligations under Chapter XVII-B are not met, so the disallowance was sustained. On the capital gains issue, recorded title documents showing joint purchase and sale of the residential flat supported treatment of the assessee as a one-third co-owner, and the assessee failed to rebut that presumption with cogent evidence, so capital gains were taxable to that extent; proportionate cost of acquisition and indexation relief were to be examined on verification.</description>
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