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    <title>2020 (5) TMI 55 - ITAT HYDERABAD</title>
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    <description>Where an owner has received full consideration and delivered vacant possession under an agreement of sale cum GPA, the transaction is treated as a transfer under section 2(47) of the Income-tax Act read with section 53A of the Transfer of Property Act. A later sale deed executed by the transferee cum GPA-holder does not create a fresh transfer by the original owner, especially where the owner was not a signatory to that deed and received no further consideration. On that basis, no capital gains arose in the original owner&#039;s hands from the later document, and the capital gains addition was unsustainable.</description>
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    <pubDate>Wed, 29 Apr 2020 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=395022</link>
      <description>Where an owner has received full consideration and delivered vacant possession under an agreement of sale cum GPA, the transaction is treated as a transfer under section 2(47) of the Income-tax Act read with section 53A of the Transfer of Property Act. A later sale deed executed by the transferee cum GPA-holder does not create a fresh transfer by the original owner, especially where the owner was not a signatory to that deed and received no further consideration. On that basis, no capital gains arose in the original owner&#039;s hands from the later document, and the capital gains addition was unsustainable.</description>
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      <pubDate>Wed, 29 Apr 2020 00:00:00 +0530</pubDate>
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