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    <title>2016 (2) TMI 493 - ITAT AHMEDABAD</title>
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    <description>A right to obtain conveyance under an agreement to sell is a capital asset, so its extinguishment or relinquishment can attract capital gains. For tax purposes, section 2(47) is wider than general transfer law and may treat possession under a written agreement, including arrangements falling within section 53A of the Transfer of Property Act, as a transfer even before a registered sale deed is executed. Unregistered agreements do not become sham merely for want of registration and remain relevant for specific performance and collateral purposes. On these principles, the 4.4.2008 rights were capital rights, the 2.3.2009 agreement with possession constituted a transfer, and the later registered deed did not displace that position; the capital gains addition was deleted.</description>
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    <pubDate>Wed, 13 Jan 2016 00:00:00 +0530</pubDate>
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      <title>2016 (2) TMI 493 - ITAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=271788</link>
      <description>A right to obtain conveyance under an agreement to sell is a capital asset, so its extinguishment or relinquishment can attract capital gains. For tax purposes, section 2(47) is wider than general transfer law and may treat possession under a written agreement, including arrangements falling within section 53A of the Transfer of Property Act, as a transfer even before a registered sale deed is executed. Unregistered agreements do not become sham merely for want of registration and remain relevant for specific performance and collateral purposes. On these principles, the 4.4.2008 rights were capital rights, the 2.3.2009 agreement with possession constituted a transfer, and the later registered deed did not displace that position; the capital gains addition was deleted.</description>
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