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    <title>2017 (9) TMI 1647 - ITAT CUTTACK</title>
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    <description>An unregistered joint development agreement executed after the amendments to section 53A of the Transfer of Property Act and sections 17(1A) and 49 of the Registration Act could not satisfy the statutory requirements for part performance. As the contract was not registered, the deeming fiction in section 2(47)(v) of the Income-tax Act was not triggered, even though a power of attorney was executed and possession was allegedly handed over. On that basis, the alleged transfer of development rights did not amount to a taxable transfer in the relevant year, and the capital gains addition was not sustainable.</description>
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    <pubDate>Fri, 22 Sep 2017 00:00:00 +0530</pubDate>
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      <title>2017 (9) TMI 1647 - ITAT CUTTACK</title>
      <link>https://www.taxtmi.com/caselaws?id=272693</link>
      <description>An unregistered joint development agreement executed after the amendments to section 53A of the Transfer of Property Act and sections 17(1A) and 49 of the Registration Act could not satisfy the statutory requirements for part performance. As the contract was not registered, the deeming fiction in section 2(47)(v) of the Income-tax Act was not triggered, even though a power of attorney was executed and possession was allegedly handed over. On that basis, the alleged transfer of development rights did not amount to a taxable transfer in the relevant year, and the capital gains addition was not sustainable.</description>
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      <pubDate>Fri, 22 Sep 2017 00:00:00 +0530</pubDate>
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