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    <title>2017 (3) TMI 1168 - ITAT MUMBAI</title>
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    <description>A development agreement for future construction did not, on these facts, amount to a transfer under section 2(47)(v) because the developer received access only for development purposes, no completed construction or accrued share of built-up area arose during the year, and the arrangement did not satisfy the part-performance requirements linked to section 53A of the Transfer of Property Act. The related long-term capital gains addition was deleted. Section 50C also could not apply because there was no completed transfer of land or building in the relevant year; accordingly, stamp valuation could not be substituted for actual consideration.</description>
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      <description>A development agreement for future construction did not, on these facts, amount to a transfer under section 2(47)(v) because the developer received access only for development purposes, no completed construction or accrued share of built-up area arose during the year, and the arrangement did not satisfy the part-performance requirements linked to section 53A of the Transfer of Property Act. The related long-term capital gains addition was deleted. Section 50C also could not apply because there was no completed transfer of land or building in the relevant year; accordingly, stamp valuation could not be substituted for actual consideration.</description>
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