https://www.taxtmi.com/caselaws?id=387487 For capital gains purposes, an agreement to sell results in transfer only when, on the facts, it effectively enables transfer or enjoyment of immovable property within section 2(47). The absence of registration does not by itself rule out transfer under clause (vi), but the agreement is not conclusive where title, possession, or execution remains contingent on unresolved disputes. Here, the disputed balance land required factual verification because the parties' actual conduct, ownership position, and the purchaser's confirmation had to be examined. The matter was therefore remanded to the Assessing Officer for fresh determination of the extent, if any, to which capital gains had accrued. en-us Mon, 01 Jul 2019 00:00:00 +0530 Thu, 24 Oct 2019 08:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=387487 For capital gains purposes, an agreement to sell results in transfer only when, on the facts, it effectively enables transfer or enjoyment of immovable property within section 2(47). The absence of registration does not by itself rule out transfer under clause (vi), but the agreement is not conclusive where title, possession, or execution remains contingent on unresolved disputes. Here, the disputed balance land required factual verification because the parties' actual conduct, ownership position, and the purchaser's confirmation had to be examined. The matter was therefore remanded to the Assessing Officer for fresh determination of the extent, if any, to which capital gains had accrued. Case-Laws Income Tax Mon, 01 Jul 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=387487