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    <title>2024 (10) TMI 364 - ITAT KOLKATA</title>
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    <description>ITAT Kolkata held that an allotment letter from a developer constitutes an agreement to purchase, not requiring registration if payments are made through banking channels. The tribunal ruled that for deemed gift provisions under section 56(2)(vii)(b)(ii), the valuation date should be when first payment was made (June 2010), not the stamp duty payment date (October 2014). Applying CBDT Circular 872/1993, the allotment letter was recognized as a valid purchase agreement. Since payments were made through account payee cheques establishing genuineness, the addition under deemed gift provisions was deleted and the appeal was allowed.</description>
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      <title>2024 (10) TMI 364 - ITAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=759765</link>
      <description>ITAT Kolkata held that an allotment letter from a developer constitutes an agreement to purchase, not requiring registration if payments are made through banking channels. The tribunal ruled that for deemed gift provisions under section 56(2)(vii)(b)(ii), the valuation date should be when first payment was made (June 2010), not the stamp duty payment date (October 2014). Applying CBDT Circular 872/1993, the allotment letter was recognized as a valid purchase agreement. Since payments were made through account payee cheques establishing genuineness, the addition under deemed gift provisions was deleted and the appeal was allowed.</description>
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