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Income Tax

Amount paid for settling property dispute is expenditure absolutely necessary for transfer of property

Case Law Details

Case Name
Lal Singh Naderia Vs ITO (ITAT Jaipur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2009-10
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Lal Singh Naderia Vs ITO (ITAT Jaipur) ITAT Jaipur held that amount paid towards settling the property dispute is absolutely necessary to affect the transfer and accordingly the same is allowed as expenditure covered by provision of section 48 of the Income Tax Act. Facts- In spite of having no legal title on the property, the assessee had sold the property at distress value and the same was at Rs. 1,20,00,000/- where the share of the assessee was 40%. The stamp duty authority in the first instance valued that property at Rs. 5,76,54,492/- and thereafter, the same was reduced to Rs. 1,94,19,82...
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