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    <title>2012 (12) TMI 1089 - ITAT AHMEDABAD</title>
    <link>https://www.taxtmi.com/caselaws?id=184343</link>
    <description>For capital gains purposes, registration of a conveyance deed does not by itself complete transfer where the sale contract makes vacant possession and enjoyment conditional on receipt of full consideration. The controlling test is when possession and beneficial rights actually pass, not merely when the deed is executed and registered. Here, the land was actually handed over only on 4 February 2009, and the purchaser then became entitled to enjoy and mutate the property, so the transfer was treated as occurring in assessment year 2009-10. The addition in assessment year 2008-09 was therefore unsustainable.</description>
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    <pubDate>Fri, 14 Dec 2012 00:00:00 +0530</pubDate>
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      <title>2012 (12) TMI 1089 - ITAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=184343</link>
      <description>For capital gains purposes, registration of a conveyance deed does not by itself complete transfer where the sale contract makes vacant possession and enjoyment conditional on receipt of full consideration. The controlling test is when possession and beneficial rights actually pass, not merely when the deed is executed and registered. Here, the land was actually handed over only on 4 February 2009, and the purchaser then became entitled to enjoy and mutate the property, so the transfer was treated as occurring in assessment year 2009-10. The addition in assessment year 2008-09 was therefore unsustainable.</description>
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      <pubDate>Fri, 14 Dec 2012 00:00:00 +0530</pubDate>
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