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2014 (4) TMI 701 - ITAT MUMBAIComputation of capital gains - deduction of amount from sale consideration incurred by the purchaser towards vacating the encroachment, earth filling etc. - Deletion of payment made after execution of sale deed – Payment not a part of sale deed – Held that:- once the assessee is claiming that it has not received the full consideration, as mentioned in the deed of conveyance and only sum of Rs. 31 lakhs has been received, then onus to prove is on the assessee with some credible evidence - the claim of the assessee that the purchaser had incurred Rs. 15 lakhs is also not corroborated by any evidence that the purchaser had actually incurred this amount for getting the encumbrance free plot and how it has been quantified. The deed of conveyance is completely silent on this point that the assessee was liable for incurring such an expenditure or the purchaser shall incur this amount which shall be reduced from the total sale consideration agreed upon between the parties - If it has not been mentioned in the conveyance deed that it is axiomatic that the sale consideration mentioned in the conveyance deed is the actual consideration receivable by the assessee - No evidence or details have been submitted by the purchasers with regard to expenses incurred - The content of the letter also raises a doubt in the wake of the fact that how only the assessee is responsible alone for liability of Rs. 15 lakhs from his share of sale consideration receivable to him and will be reduced from the sale and not the other seller - Thus, the letter dated 31st March 2005 cannot be held to be conclusive proof of reduction of sale consideration by Rs. 15 lakhs when the registered deed of conveyance is completely silent about such a reduction of amount by Rs. 15 lakhs – the order of the CIT(A) set aside – Decided in favour of Revenue.
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