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    <title>2025 (12) TMI 911 - ITAT MUMBAI</title>
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    <description>ITAT held that no &quot;transfer&quot; under s.2(47) of the IT Act occurred in AY 2015-16, as only 5-13% of the agreed sale consideration was received and contractual clauses made full payment a condition precedent for transfer of title and handing over of documents/possession. Purchasers confirmed non-payment of full consideration and non-taking of possession. Consequently, capital gains were not chargeable in AY 2015-16. ITAT further accepted the alternate plea that the same capital gains, having been offered and assessed in AY 2018-19 upon receipt of full consideration, could not be taxed again without resulting in double taxation. The assessee&#039;s appeal was allowed.</description>
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    <pubDate>Thu, 27 Nov 2025 00:00:00 +0530</pubDate>
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      <title>2025 (12) TMI 911 - ITAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=783371</link>
      <description>ITAT held that no &quot;transfer&quot; under s.2(47) of the IT Act occurred in AY 2015-16, as only 5-13% of the agreed sale consideration was received and contractual clauses made full payment a condition precedent for transfer of title and handing over of documents/possession. Purchasers confirmed non-payment of full consideration and non-taking of possession. Consequently, capital gains were not chargeable in AY 2015-16. ITAT further accepted the alternate plea that the same capital gains, having been offered and assessed in AY 2018-19 upon receipt of full consideration, could not be taxed again without resulting in double taxation. The assessee&#039;s appeal was allowed.</description>
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      <pubDate>Thu, 27 Nov 2025 00:00:00 +0530</pubDate>
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