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    <title>2006 (9) TMI 135 - PUNJAB AND HARYANA High Court</title>
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    <description>Amounts received by a coloniser as advances or earnest money under agreements to sell plots were treated as revenue receipts when they arose in the course of business and possession had already been transferred. The absence of a registered sale deed did not preserve their character as refundable deposits, because income-tax treatment depends on the commercial substance of the transaction rather than technical conveyancing formalities. Once the transferees acted on the arrangements and effective dominion over the plots had passed, the receipts became taxable business income. The doctrine of part performance under Section 53A of the Transfer of Property Act did not change that character.</description>
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      <description>Amounts received by a coloniser as advances or earnest money under agreements to sell plots were treated as revenue receipts when they arose in the course of business and possession had already been transferred. The absence of a registered sale deed did not preserve their character as refundable deposits, because income-tax treatment depends on the commercial substance of the transaction rather than technical conveyancing formalities. Once the transferees acted on the arrangements and effective dominion over the plots had passed, the receipts became taxable business income. The doctrine of part performance under Section 53A of the Transfer of Property Act did not change that character.</description>
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