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    <title>2019 (1) TMI 1196 - ITAT PUNE</title>
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    <description>For capital gains to arise on an alleged transfer, the transaction had to satisfy the requirements of section 2(47)(v) of the Income-tax Act, read with part performance under section 53A of the Transfer of Property Act. Because possession of the immovable property was not handed over, only a small part of the agreed consideration was received, and the balance amount was never realised, the essential elements of a transfer were not established. Long-term capital gains were therefore not assessable in the assessee&#039;s hands for the relevant year, and the addition was deleted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=374031</link>
      <description>For capital gains to arise on an alleged transfer, the transaction had to satisfy the requirements of section 2(47)(v) of the Income-tax Act, read with part performance under section 53A of the Transfer of Property Act. Because possession of the immovable property was not handed over, only a small part of the agreed consideration was received, and the balance amount was never realised, the essential elements of a transfer were not established. Long-term capital gains were therefore not assessable in the assessee&#039;s hands for the relevant year, and the addition was deleted.</description>
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      <pubDate>Thu, 17 Jan 2019 00:00:00 +0530</pubDate>
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