https://www.taxtmi.com/forum/issue?id=121188 Capital gains taxation under section 45(5A) is questioned where a landowner entered into a registered, area-sharing joint development agreement and the developer allegedly sold the landowner's allocated flats using a forged power of attorney, defaulted on construction and absconded before a completion certificate was issued. The issues include whether capital gains can be taxed in those circumstances and whether the loss of property rights is a capital loss eligible for set-off or carry-forward under sections 70 and 74, or a non-deductible personal loss. The questions, raised with reference to Notification No. 06/2019-CT(R), include whether development rights are a taxable service or a benefit arising from land covered by Schedule III, entry 5, and whether the landowner can be required to pay the reverse-charge liability when the developer absconds without delivering the units. en-us Mon, 02 Nov 2026 14:26:36 +0530 Mon, 02 Nov 2026 14:26:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/forum/issue?id=121188 Capital gains taxation under section 45(5A) is questioned where a landowner entered into a registered, area-sharing joint development agreement and the developer allegedly sold the landowner's allocated flats using a forged power of attorney, defaulted on construction and absconded before a completion certificate was issued. The issues include whether capital gains can be taxed in those circumstances and whether the loss of property rights is a capital loss eligible for set-off or carry-forward under sections 70 and 74, or a non-deductible personal loss. The questions, raised with reference to Notification No. 06/2019-CT(R), include whether development rights are a taxable service or a benefit arising from land covered by Schedule III, entry 5, and whether the landowner can be required to pay the reverse-charge liability when the developer absconds without delivering the units. Discussion-Forum Income Tax Mon, 02 Nov 2026 14:26:36 +0530 https://www.taxtmi.com/forum/issue?id=121188