2016 (2) TMI 275

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dal, Advocate For The Respondent : Mr. Zora Singh Klar, Advocate Ajay Kumar Mittal, J. 1. This appeal has been preferred by the appellant-assessee under Section 260A of the Income Tax Act, 1961 (in short, "the Act") against the order dated 15.7.2015, Annexure A.5 passed by the Income Tax Appellate Tribunal, Chandigarh (in short, "the Tribunal") under section 254(1) of the Act in ITA No.60....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....) Whether amount yet to be received can be taxed on an hypothetical assumption arising from the amount to be received?" 2. It is not disputed by learned counsel for the parties that the issues involved herein have already been decided by this Court in ITA No.200 of 2013 (C.S.Atwal vs. The Commissioner of Income Tax, Ludhiana and another) vide order dated 22.7.2015, wherein after examining the r....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ients of Section 53A of 1882 Act were required to be fulfilled. In the absence of registration of JDA dated 25.2.2007 having been executed after 24.9.2001, the agreement does not fall under Section 53A of 1882 Act and consequently Section 2 (47)(v) of the Act does not apply. 5) It was submitted by learned counsel for the assesseeappellant that whatever amount was received from the develop....