Deemed consideration in joint development agreements defers capital gains recognition until project completion certificate is issued. Capital gains from transfer of land or building under a registered joint development agreement are taxable in the year the competent authority issues the completion certificate; on that date the stamp duty value of the assessee's share, increased by any consideration received in cash or by cheque, draft or any other mode, is deemed to be the full value of consideration. If the assessee transfers his share on or before issuance of the completion certificate, the special deeming rule does not apply and capital gains are determined under general provisions. Section 49(7) treats the deemed amount for cost of acquisition.
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Provisions expressly mentioned in the judgment/order text.
Deemed consideration in joint development agreements defers capital gains recognition until project completion certificate is issued.
Capital gains from transfer of land or building under a registered joint development agreement are taxable in the year the competent authority issues the completion certificate; on that date the stamp duty value of the assessee's share, increased by any consideration received in cash or by cheque, draft or any other mode, is deemed to be the full value of consideration. If the assessee transfers his share on or before issuance of the completion certificate, the special deeming rule does not apply and capital gains are determined under general provisions. Section 49(7) treats the deemed amount for cost of acquisition.
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