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    <title>2018 (10) TMI 1935 - ITAT KOLKATA</title>
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    <description>An unregistered development agreement did not trigger section 2(47)(v) because the essential requirements of section 53A of the Transfer of Property Act were not met, no possession in part performance was proved, and the agreement was later cancelled with repayment of amounts; the addition was deleted because hypothetical income cannot be taxed. Cash payments for stamp duty and registration charges, supported by government challans, were not disallowed under section 40A(3), so that disallowance was deleted. A cash payment to the municipality was disallowable under section 40A(3) because no material showed that any Rule 6DD exception applied, so that disallowance was upheld.</description>
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    <pubDate>Wed, 17 Oct 2018 00:00:00 +0530</pubDate>
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      <title>2018 (10) TMI 1935 - ITAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=300522</link>
      <description>An unregistered development agreement did not trigger section 2(47)(v) because the essential requirements of section 53A of the Transfer of Property Act were not met, no possession in part performance was proved, and the agreement was later cancelled with repayment of amounts; the addition was deleted because hypothetical income cannot be taxed. Cash payments for stamp duty and registration charges, supported by government challans, were not disallowed under section 40A(3), so that disallowance was deleted. A cash payment to the municipality was disallowable under section 40A(3) because no material showed that any Rule 6DD exception applied, so that disallowance was upheld.</description>
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      <pubDate>Wed, 17 Oct 2018 00:00:00 +0530</pubDate>
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