https://www.taxtmi.com/caselaws?id=418147 An unregistered development agreement executed after the 2001 amendment to section 53A of the Transfer of Property Act could not trigger the deeming transfer provision in section 2(47)(v) of the Income-tax Act, 1961, because an unregistered instrument is not enforceable for part performance and therefore cannot satisfy the statutory concept incorporated by that provision. The absence of a valid, enforceable contract meant no transfer arose under section 2(47)(v), making the related addition unsustainable. The factual question of delivery of possession became unnecessary to decide. en-us Fri, 04 Feb 2022 00:00:00 +0530 Mon, 22 Aug 2022 10:50:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=418147 An unregistered development agreement executed after the 2001 amendment to section 53A of the Transfer of Property Act could not trigger the deeming transfer provision in section 2(47)(v) of the Income-tax Act, 1961, because an unregistered instrument is not enforceable for part performance and therefore cannot satisfy the statutory concept incorporated by that provision. The absence of a valid, enforceable contract meant no transfer arose under section 2(47)(v), making the related addition unsustainable. The factual question of delivery of possession became unnecessary to decide. Case-Laws Income Tax Fri, 04 Feb 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=418147