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2012 (4) TMI 187 - AT - Income TaxCapitalization of regularization fee paid - Construction of hospital building - Held that:- The regularization fee paid by the assessee has a direct nexus to the construction of the hospital building as it is paid only for the purpose of regularizing the violations committed in the course of constructing the building - State Government Ordinance has been held to be unconstitutional but even then, the Hon'ble High Court has not directed to repay the amount to the defaulters - It cannot be held that the payment could not be booked anywhere in the business accounts of the assessee - The assessee has rightly booked the payment under the cost of construction of the hospital building - appeals are to be allowed
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