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    <title>1992 (2) TMI 55 - GUJARAT High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=21604</link>
    <description>HC held that amounts paid by the assessee to redeem a mortgage constitute part of the &quot;cost of acquisition&quot; for computation of capital gains. The court reasoned that &quot;property&quot; includes the aggregate of rights, title and interests; where property is mortgaged, the mortgagee and owner hold distinct interests. By discharging the mortgage, the assessee acquired the mortgagee&#039;s interest, thereby enlarging its own bundle of rights. On subsequent sale, the assessee transferred both the original and the acquired interests. Such payment, being the cost of acquiring the mortgagee&#039;s interest, is deductible under s.48 read with s.55(2)(i). The question was answered in favour of the assessee and against the Revenue.</description>
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    <pubDate>Wed, 26 Feb 1992 00:00:00 +0530</pubDate>
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      <title>1992 (2) TMI 55 - GUJARAT High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=21604</link>
      <description>HC held that amounts paid by the assessee to redeem a mortgage constitute part of the &quot;cost of acquisition&quot; for computation of capital gains. The court reasoned that &quot;property&quot; includes the aggregate of rights, title and interests; where property is mortgaged, the mortgagee and owner hold distinct interests. By discharging the mortgage, the assessee acquired the mortgagee&#039;s interest, thereby enlarging its own bundle of rights. On subsequent sale, the assessee transferred both the original and the acquired interests. Such payment, being the cost of acquiring the mortgagee&#039;s interest, is deductible under s.48 read with s.55(2)(i). The question was answered in favour of the assessee and against the Revenue.</description>
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      <pubDate>Wed, 26 Feb 1992 00:00:00 +0530</pubDate>
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