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    <title>2017 (5) TMI 847 - PUNJAB AND HARYANA HIGH COURT</title>
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    <description>A joint development arrangement was not treated as a transfer for capital gains purposes because the essential requirements of section 53A of the Transfer of Property Act were not satisfied: the agreement was unregistered and possession had not been delivered in part performance in the legal sense. As a result, sections 2(47)(v) and 2(47)(vi) of the Income-tax Act could not be invoked on that basis, and the earlier binding decision made the issue no longer res integra. The revenue&#039;s appeals were dismissed, and the Tribunal&#039;s deletion of the capital gains addition was left undisturbed.</description>
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      <title>2017 (5) TMI 847 - PUNJAB AND HARYANA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=343109</link>
      <description>A joint development arrangement was not treated as a transfer for capital gains purposes because the essential requirements of section 53A of the Transfer of Property Act were not satisfied: the agreement was unregistered and possession had not been delivered in part performance in the legal sense. As a result, sections 2(47)(v) and 2(47)(vi) of the Income-tax Act could not be invoked on that basis, and the earlier binding decision made the issue no longer res integra. The revenue&#039;s appeals were dismissed, and the Tribunal&#039;s deletion of the capital gains addition was left undisturbed.</description>
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