Assessee claimed that the property had not been handed over in spite of registration owing to non-receipt of the amount. The purchaser had paid stamp duty however the purchaser had not taken any steps to occupy the property as per the documents. No enquiries had been conducted from the company to confirm whether it fulfilled or defaulted the payments as mentioned in the agreement. Under these circumstances, the Department had to confirm that the assessee had indeed received monies from the company. Matter remanded to the file of CIT (A) for further investigation. (AY.2011-12)
ACIT v. Amarjeet Singh (Decd.) (2022)95 ITR 62 (SN)(Delhi)(Trib)
S. 45 : Capital gains-Registration of sale deed-Possession not handed over-Matter remanded to CIT(A). [S.2(47)(v)]