Capital gains transfer dispute remanded for factual verification of earlier agreement, possession, consideration, and sale deed linkage.

The linkage between the earlier agreement, the later registered sale deeds, and the alleged prior transfer of the lands required factual verification, so the capital gains addition was not finally sustained on merits. The Bench noted that whether possession had been handed over, consideration received, and power of attorney executed earlier could affect the transfer analysis, but the assessee had to substantiate these claims to avoid double addition. The matter was remitted to the Assessing Officer for fresh adjudication after examining the sale deed particulars, survey numbers, supporting documents, and surrounding facts; the Revenue's grounds were accepted for statistical purposes.

---

---

Issues: Whether the addition of long-term capital gains required to be sustained or the matter had to be remitted for verification of the survey numbers and the alleged earlier transfer.

Analysis: The record showed competing versions on whether the lands sold through the 2010 registration formed part of the 2005 agreement, and whether the transfer had already been completed earlier by handing over possession, receipt of consideration, and execution of power of attorney. The Bench found that the correlation between the sale deed particulars, the earlier agreement, and the power of attorney required factual verification. It also noted that the assessee had to establish the claim to avoid any double addition and that the Assessing Officer should examine the supporting material in the light of the documents and surrounding facts.

Conclusion: The issue was remitted to the Assessing Officer for fresh adjudication after factual verification, and the Revenue's grounds were accepted for statistical purposes.

Final Conclusion: The assessment on capital gains was not finally determined on merits in the appeal and was sent back for reconsideration.

Ratio Decidendi: Where the linkage between the earlier agreement and the later registered sale deeds requires factual verification, the proper course is remand for fresh examination rather than a final merits determination.

---