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    <title>Development-agreement flat transfer and possession dispute: treated as LTCG, s.48 costs allowed, s.54(2) exemption granted.</title>
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    <description>Transfer of a flat under a development arrangement was held not to generate STCG because the assessee never received possession or &quot;held&quot; the first-floor flat; the buyer was put in vacant possession during construction and conveyance was executed directly, so the assessee&#039;s transfer was of undivided land share with attributable improvement cost, warranting LTCG treatment; AO directed to compute LTCG and CIT(A) set aside. Expenditure incurred to deliver a finished area to the original lessor under a pre-existing lease obligation was allowable in computing capital gains under s. 48; addition deleted. Exemption under s. 54(2) was allowed since amounts kept in term deposits were actually utilized for construction within the stipulated period despite not being parked in CGDS; AO directed to grant exemption. - ITAT</description>
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    <pubDate>Sat, 10 Jan 2026 08:25:22 +0530</pubDate>
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      <title>Development-agreement flat transfer and possession dispute: treated as LTCG, s.48 costs allowed, s.54(2) exemption granted.</title>
      <link>https://www.taxtmi.com/highlights?id=95898</link>
      <description>Transfer of a flat under a development arrangement was held not to generate STCG because the assessee never received possession or &quot;held&quot; the first-floor flat; the buyer was put in vacant possession during construction and conveyance was executed directly, so the assessee&#039;s transfer was of undivided land share with attributable improvement cost, warranting LTCG treatment; AO directed to compute LTCG and CIT(A) set aside. Expenditure incurred to deliver a finished area to the original lessor under a pre-existing lease obligation was allowable in computing capital gains under s. 48; addition deleted. Exemption under s. 54(2) was allowed since amounts kept in term deposits were actually utilized for construction within the stipulated period despite not being parked in CGDS; AO directed to grant exemption. - ITAT</description>
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      <pubDate>Sat, 10 Jan 2026 08:25:22 +0530</pubDate>
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