https://www.taxtmi.com/caselaws?id=349168 An unregistered joint development agreement executed after the Registration Act amendments could not be treated as a transfer under section 2(47)(v), because section 53A of the Transfer of Property Act was unavailable without registration. The arrangement also did not fall within section 2(47)(vi), as it did not effectively transfer or enable enjoyment of immovable property; the owner retained ownership and only authorised limited development. Capital gains could not be assessed on the unconsummated portion, since the project never materialised and no real accrual of income or enforceable right to consideration arose. The tax demand on the remaining land was therefore unsustainable. en-us Wed, 04 Oct 2017 00:00:00 +0530 Tue, 05 May 2026 18:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=349168 An unregistered joint development agreement executed after the Registration Act amendments could not be treated as a transfer under section 2(47)(v), because section 53A of the Transfer of Property Act was unavailable without registration. The arrangement also did not fall within section 2(47)(vi), as it did not effectively transfer or enable enjoyment of immovable property; the owner retained ownership and only authorised limited development. Capital gains could not be assessed on the unconsummated portion, since the project never materialised and no real accrual of income or enforceable right to consideration arose. The tax demand on the remaining land was therefore unsustainable. Case-Laws Income Tax Wed, 04 Oct 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=349168