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    <title>2026 (5) TMI 38 - ITAT HYDERABAD</title>
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    <description>A joint development agreement did not amount to a transfer for capital gains purposes where possession was given only to enable the developer to obtain approvals and construct, and no consideration was received during the year of execution. The arrangement was not treated as possession in the nature contemplated by section 53A of the Transfer of Property Act, so the conditions for invoking section 2(47)(v) and charging capital gains under section 45(1) were not satisfied. On that basis, no taxable transfer arose in the relevant year and the long-term capital gains addition was deleted.</description>
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      <description>A joint development agreement did not amount to a transfer for capital gains purposes where possession was given only to enable the developer to obtain approvals and construct, and no consideration was received during the year of execution. The arrangement was not treated as possession in the nature contemplated by section 53A of the Transfer of Property Act, so the conditions for invoking section 2(47)(v) and charging capital gains under section 45(1) were not satisfied. On that basis, no taxable transfer arose in the relevant year and the long-term capital gains addition was deleted.</description>
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