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2021 (1) TMI 288 - AT - Income TaxRectification u/s 254 - disallowance of indexed cost of improvement claimed by the assessee on sale of plots, thereby computing the long term capital gain as against long term capital loss computed by the assessee - HELD THAT:- Coordinate Bench has duly considered the contents of the sale deed and even where description of the property at page 2 of the sale deed is taken into consideration, we find that the same will not lead to any change or impact the outcome or the findings of the Coordinate Bench where it was held that there was inconsistency in the sale deed so executed as far as the exact description of the property is concerned. Decision of the Coordinate Bench is not based solely on review of the sale deed but it has taken into consideration the agreement with the contractor dated 30.04.2009 and subsequent affidavit of the contractor dated 23.10.2017 and has thereafter arrived at its findings that, given the inconsistency in the description of the property in the sale deed and in absence of any corroboration in terms of buyer’s confirmation/affidavit or photographs of the property at the time of sale which can demonstrate that what has been sold is not just a plot of land but a plot of land along with construction thereon, the assessee has failed to discharge the necessary onus placed on him in support of his claim of construction on the property at the time of sale and cost of construction as so claimed has therefore rightly been rejected by the lower authorities. We therefore donot find any basis to interefere with the findings of the Coordinate Bench within the well-laid down limited jurisdiction u/s 254(2). Miscellaneous application so filed by the assessee is dismissed.
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