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    <title>2022 (5) TMI 359 - ITAT DELHI</title>
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    <description>Transfer for capital gains purposes depends on whether the transaction was completed on the facts, including receipt of consideration and handing over of possession. Although the registered sale deed and AIR material suggested a completed sale, the record contained conflicting evidence on payment, possession and post-sale conduct, and the co-owner and purchaser&#039;s compliance were not fully examined. On that incomplete record, taxability under section 45(1) and section 2(47)(v) of the Income-tax Act, read with section 53A of the Transfer of Property Act, could not be finally determined. The matter was therefore sent back for fresh factual verification and a speaking order.</description>
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      <description>Transfer for capital gains purposes depends on whether the transaction was completed on the facts, including receipt of consideration and handing over of possession. Although the registered sale deed and AIR material suggested a completed sale, the record contained conflicting evidence on payment, possession and post-sale conduct, and the co-owner and purchaser&#039;s compliance were not fully examined. On that incomplete record, taxability under section 45(1) and section 2(47)(v) of the Income-tax Act, read with section 53A of the Transfer of Property Act, could not be finally determined. The matter was therefore sent back for fresh factual verification and a speaking order.</description>
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