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    <title>2018 (4) TMI 45 - PUNJAB &amp; HARYANA HIGH COURT</title>
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    <description>An unregistered Joint Development Agreement did not satisfy the ingredients of section 53A of the Transfer of Property Act, so section 2(47)(v) of the Income-tax Act was not triggered for the remaining land. Only the portion actually conveyed through executed sale deeds was recognised as a transfer for capital gains purposes, while the developer&#039;s possession of the balance land was treated as permissive possession for development rather than possession in part performance. As a result, capital gains could be assessed only to the extent of the actual transfer, and the claim under section 54F became academic once that issue was resolved.</description>
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      <link>https://www.taxtmi.com/caselaws?id=357934</link>
      <description>An unregistered Joint Development Agreement did not satisfy the ingredients of section 53A of the Transfer of Property Act, so section 2(47)(v) of the Income-tax Act was not triggered for the remaining land. Only the portion actually conveyed through executed sale deeds was recognised as a transfer for capital gains purposes, while the developer&#039;s possession of the balance land was treated as permissive possession for development rather than possession in part performance. As a result, capital gains could be assessed only to the extent of the actual transfer, and the claim under section 54F became academic once that issue was resolved.</description>
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