2022 (11) TMI 1261

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....ird respondent Commissioner of Income Tax (Appeals) dated 29.01.2021 Annexure-F bearing ITA No 120 & 121/CIT(A)-11/BNG/2016- 17 confirming the order of assessment dated 28.03.2016 passed by the first respondent Annexure-D for A.Y.2013-14. b. Issue a writ of Mandamus directing the first respondent to produce the government notification dated 17.04.2007 and the information obtained from the office of the Sub Registrar showing comparative sale instances for purpose of valuation of stock on 01.04.2010 based on which assessment order against the assessee is passed. c. Issue a writ of declaration that in the light of the settlement of legal position in subsequent judgments by the Apex Court in Delhi Development Authority Vs.Gaur....

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....such as Power of Attorney, Agreement, Affidavit etc., without executing a Deed of Conveyance cannot be construed or treated as a 'Transfer' under the Transfer of Property Act, 1882 (for short 'T.P. Act' and as such, in the absence of the said document constituting a transfer within the meaning of Section 2(47)(v) of the IT Act, the respondents were clearly committed an error in coming to the conclusion that the said documents constituted a transfer within the meaning of Section 2(47)(v) of the IT Act, thereby, calling upon the petitioner to pay capital gains tax on the amount received pursuant to the said documents. It is submitted apart from the fact that the Assessing Officer has failed to consider the said aspect of the m....

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....ly essential that possession of the property in question should be delivered in terms of Section 53-A of the T.P. Act. In the instant case, a perusal of the Sale Agreement, Agency Agreement and GPA, all dated 14.08.2012 will clearly indicate that possession of the said property covered under the said documents has not been delivered as mandatorily required under Section 53-A of the T.P. Act. In fact, the contents of the said documents will clearly indicate that there is no recital with regard to the petitioner handing over possession or putting the party in possession in part performance as required under Section 53- A of the T.P. Act. Further, the Sale Agreement dated 14.08.2012 under which, the petitioner is said to have agreed to sell th....