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    <title>2018 (6) TMI 608 - ITAT CHENNAI</title>
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    <description>Receipts arising from a joint development agreement could not be assessed without first examining whether the unregistered agreement satisfied the transfer requirements under Section 2(47)(v) of the Income-tax Act read with Section 53A of the Transfer of Property Act and the amended registration provisions. The Tribunal noted that the later Supreme Court ruling on these requirements had not been considered by the lower authorities, so the agreement on record had to be compared with that ruling before any conclusion on transfer or taxability could be reached. The matter was therefore remitted to the Assessing Officer for de novo consideration, leaving the earlier findings on taxability open.</description>
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      <title>2018 (6) TMI 608 - ITAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=361781</link>
      <description>Receipts arising from a joint development agreement could not be assessed without first examining whether the unregistered agreement satisfied the transfer requirements under Section 2(47)(v) of the Income-tax Act read with Section 53A of the Transfer of Property Act and the amended registration provisions. The Tribunal noted that the later Supreme Court ruling on these requirements had not been considered by the lower authorities, so the agreement on record had to be compared with that ruling before any conclusion on transfer or taxability could be reached. The matter was therefore remitted to the Assessing Officer for de novo consideration, leaving the earlier findings on taxability open.</description>
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