Tribunal held that the assessee has handed over possession hence there is part performance of contract in nature referred to in Section 53 of Transfer of Property Act, 1882 then Clause(v) of Section 2(47) was clearly attracted. Accordingly liable to capital gains tax. Reassessment is held to be valid. Whether the gain is short term or long term matter remanded to the AO. (AY. 2009 -10)
Adinarayana Reddy Kummeta v. ACIT (2018) 166 DTR 206 / 169 ITD 683 / 193 TTJ 888 (Hyd.)(Trib.)
S. 147 : Reassessment-Capital gains—Transfer of property—Development agreement-General power of attorney-Handed over possession-Liable to capital gains-Reassessment is held to be valid–To determine short term or long term, matter remanded to AO. [S. 2(47)(v), 148 Transfer of Property Act, 1882, S.53]