Sum paid to BMC for increasing floor space index is not a commercial right and should be added in cost of building

INCOME TAX: Assessee paid a premium to Government of Maharashtra and BMC in lieu of grant of additional FSI. With grant of additional FSI, assessee got permission to increase size of total building by constructing additional floors or additional building to extent of FSI available and claimed depreciation on same at 25 per cent claiming it to be a business/commercial right. However,

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