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    <title>2015 (7) TMI 162 - ITAT HYDERABAD</title>
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    <description>Registered development agreements coupled with delivery of possession can constitute a transfer of a capital asset under section 2(47)(v) where the section 53A requirements are met. The record showed a written agreement, possession handed over, and a non-refundable deposit, while the developer had applied for approvals and no repudiation or unwillingness to perform was proved. On those facts, the conditions of part performance were satisfied, and the transfer was treated as occurring in the year of the agreement and possession. Capital gains were therefore chargeable in the relevant assessment year.</description>
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      <description>Registered development agreements coupled with delivery of possession can constitute a transfer of a capital asset under section 2(47)(v) where the section 53A requirements are met. The record showed a written agreement, possession handed over, and a non-refundable deposit, while the developer had applied for approvals and no repudiation or unwillingness to perform was proved. On those facts, the conditions of part performance were satisfied, and the transfer was treated as occurring in the year of the agreement and possession. Capital gains were therefore chargeable in the relevant assessment year.</description>
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      <pubDate>Fri, 26 Jun 2015 00:00:00 +0530</pubDate>
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