https://www.taxtmi.com/caselaws?id=12098 For income-tax purposes, transfer is determined under the Income-tax Act and is not confined to the formal requirements of the Transfer of Property Act. The commentary explains that where possession has been handed over and consideration has been paid, absence of registration of the sale deed does not by itself prevent the transaction from being treated as a transfer for capital gains or section 41(2) purposes. It also notes that the Tribunal must still examine the sale agreement as a whole to decide, on the facts, whether the transaction constitutes a transfer in substance. en-us Mon, 29 Jul 2002 00:00:00 +0530 Tue, 16 Feb 2010 19:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=12098 For income-tax purposes, transfer is determined under the Income-tax Act and is not confined to the formal requirements of the Transfer of Property Act. The commentary explains that where possession has been handed over and consideration has been paid, absence of registration of the sale deed does not by itself prevent the transaction from being treated as a transfer for capital gains or section 41(2) purposes. It also notes that the Tribunal must still examine the sale agreement as a whole to decide, on the facts, whether the transaction constitutes a transfer in substance. Case-Laws Income Tax Mon, 29 Jul 2002 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=12098