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Interesting Case..Pls Reply

Tax queries 594 views 1 replies

An assessee from South India has purchased ‘X’ acres of land during the period 1981-1987 in delhi. Over the period of years, the assessee has incurred traveling expenditure and also accommodation expenses amounting to 4,00,000/- in connection with sale procedures. Also, he has incurred a penalty levied by Delhi government. In addition to the above, a sum of Rs.1,50,000/- has been spent for maintenance charges

 

Whether (1) Travel expenditure, (2) Penalty, and (3)Maintenance charges paid in relation to an asset can be claimed as a deduction in computing the capital gain from the sale of such an asset.

 

Kindly quote with necessary legal provisions/caselaws

Replies (1)

Generally following expenses are allowed:\

Legal fee

brokerage

commission 

payments to parties to relinquish any right in property 

tenency rights compensation 

(expenses incurred in your case would be difficult to claim)

anyways wait for other members to respond, sorry i do not have any case law, but list mentioned above can be claimed based on various decisions only. 


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