https://www.taxtmi.com/caselaws?id=341158 A Joint Development Agreement does not, by itself, amount to a transfer giving rise to capital gains under section 2(47)(v) of the Income-tax Act unless the arrangement satisfies all essential elements of section 53A of the Transfer of Property Act, including effective possession in part performance. The material noted that the arrangement contemplated only a pro rata transfer and that any possession was merely permissive as a licensee for development, not possession of the entire land in part performance. It also stated that an unregistered post-24.09.2001 JDA does not meet the section 53A requirements and therefore cannot trigger section 2(47)(v). en-us Fri, 24 Mar 2017 00:00:00 +0530 Mon, 03 Apr 2017 07:28:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=341158 A Joint Development Agreement does not, by itself, amount to a transfer giving rise to capital gains under section 2(47)(v) of the Income-tax Act unless the arrangement satisfies all essential elements of section 53A of the Transfer of Property Act, including effective possession in part performance. The material noted that the arrangement contemplated only a pro rata transfer and that any possession was merely permissive as a licensee for development, not possession of the entire land in part performance. It also stated that an unregistered post-24.09.2001 JDA does not meet the section 53A requirements and therefore cannot trigger section 2(47)(v). Case-Laws Income Tax Fri, 24 Mar 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=341158