https://www.taxtmi.com/caselaws?id=783082 ITAT Hyderabad held that execution of a Joint Development Agreement (JDA) did not constitute a "transfer" under section 2(47)(v) read with section 53A of the Transfer of Property Act for the relevant assessment year. Relying on the Telangana HC in Smt. Shantha Vidyasagar Annam, the Tribunal found no evidence that the assessee received any consideration, monetary or otherwise, or handed over possession beyond a limited licence for development. As the essential conditions for "transfer" and consequent chargeability under section 45(1) were not satisfied, no taxable long-term capital gains arose in the year of JDA. The addition made by the Revenue on account of alleged LTCG was deleted and the appeal was decided in favour of the assessee. en-us Fri, 05 Dec 2025 00:00:00 +0530 Tue, 09 Dec 2025 08:42:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=783082 ITAT Hyderabad held that execution of a Joint Development Agreement (JDA) did not constitute a "transfer" under section 2(47)(v) read with section 53A of the Transfer of Property Act for the relevant assessment year. Relying on the Telangana HC in Smt. Shantha Vidyasagar Annam, the Tribunal found no evidence that the assessee received any consideration, monetary or otherwise, or handed over possession beyond a limited licence for development. As the essential conditions for "transfer" and consequent chargeability under section 45(1) were not satisfied, no taxable long-term capital gains arose in the year of JDA. The addition made by the Revenue on account of alleged LTCG was deleted and the appeal was decided in favour of the assessee. Case-Laws Income Tax Fri, 05 Dec 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=783082