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    <title>2026 (5) TMI 739 - ITAT BANGALORE</title>
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    <description>Concluded assessments for the relevant years could not be disturbed under section 153A because the additions relied on occupancy certificates, development agreements and statements already disclosed before the search, with no fresh incriminating material found. The Revenue&#039;s appeals on those additions failed, and the additions also failed on merits. Capital gains from a joint development agreement executed in 2012 could not be taxed in a later assessment year under section 45(5A), since possession had been delivered before that provision commenced. The deeming provision operates prospectively and cannot defer taxation of an already completed transfer merely because a completion certificate was issued later. The Revenue&#039;s appeals were rejected.</description>
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    <pubDate>Mon, 11 May 2026 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=791537</link>
      <description>Concluded assessments for the relevant years could not be disturbed under section 153A because the additions relied on occupancy certificates, development agreements and statements already disclosed before the search, with no fresh incriminating material found. The Revenue&#039;s appeals on those additions failed, and the additions also failed on merits. Capital gains from a joint development agreement executed in 2012 could not be taxed in a later assessment year under section 45(5A), since possession had been delivered before that provision commenced. The deeming provision operates prospectively and cannot defer taxation of an already completed transfer merely because a completion certificate was issued later. The Revenue&#039;s appeals were rejected.</description>
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