Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Permissive possession granted to a developer under a joint development agreement, solely for development and construction while ownership remains with the co-owners, does not constitute possession in part performance under section 53A of the Transfer of Property Act. Accordingly, section 2(47)(v) of the Income-tax Act is not attracted, and the agreement does not effect a transfer of the capital asset in the relevant previous year. The text notes that where the developer holds possession only as the owners' representative, no capital gains arise merely upon execution of the agreement.
Permissive possession granted to a developer under a joint development agreement, solely for development and construction while ownership remains with the co-owners, does not constitute possession in part performance under section 53A of the Transfer of Property Act. Accordingly, section 2(47)(v) of the Income-tax Act is not attracted, and the agreement does not effect a transfer of the capital asset in the relevant previous year. The text notes that where the developer holds possession only as the owners' representative, no capital gains arise merely upon execution of the agreement.
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