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    <title>2025 (12) TMI 404 - ITAT VISAKHAPATNAM</title>
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    <description>Payments made to discharge mortgage encumbrances and settle a rival title claim, where they were required to convey clear and marketable title, were treated as expenditure wholly and exclusively in connection with transfer under section 48(1). The amounts paid directly to the banks were also regarded as diverted at source under the overriding title and real income principles, so they did not form part of the assessee&#039;s real income. On the Rule 46A point, the first appellate authority was found to have relied only on material already on the assessment record, so no violation was made out.</description>
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      <description>Payments made to discharge mortgage encumbrances and settle a rival title claim, where they were required to convey clear and marketable title, were treated as expenditure wholly and exclusively in connection with transfer under section 48(1). The amounts paid directly to the banks were also regarded as diverted at source under the overriding title and real income principles, so they did not form part of the assessee&#039;s real income. On the Rule 46A point, the first appellate authority was found to have relied only on material already on the assessment record, so no violation was made out.</description>
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