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    <title>2026 (3) TMI 1409 - ITAT MUMBAI</title>
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    <description>Additional evidence on an interest disallowance claimed in computing short-term capital gains required fresh factual verification because the loan purpose, fund utilisation and admissibility of the claim had not been examined at assessment stage, and the matter was restored to the Assessing Officer. The applicable tax rate on short-term capital gains from listed securities was also remanded because it depended on the reassessment of that issue. A deduction claim under section 80E similarly required verification of the education loan documents and compliance with the statutory conditions, so it too was sent back for fresh adjudication after giving the assessee an opportunity of hearing.</description>
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      <link>https://www.taxtmi.com/caselaws?id=788654</link>
      <description>Additional evidence on an interest disallowance claimed in computing short-term capital gains required fresh factual verification because the loan purpose, fund utilisation and admissibility of the claim had not been examined at assessment stage, and the matter was restored to the Assessing Officer. The applicable tax rate on short-term capital gains from listed securities was also remanded because it depended on the reassessment of that issue. A deduction claim under section 80E similarly required verification of the education loan documents and compliance with the statutory conditions, so it too was sent back for fresh adjudication after giving the assessee an opportunity of hearing.</description>
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