Balasaheb Popatrao Phadol v. ITO (2025) 212 ITD 280 (Pune)(Trib.)

S. 45 : Capital gains-Development agreement-Mere licence granted to developer without possession-No transfer-No capital gains.[S. 2(47)(v), Transfer of Property Act, 1882, S. 53A]

Assessee entered into a development agreement with a builder, in lieu of which flats were to be received later. AO taxed capital gains on signing of the agreement. Tribunal noted that only a licence for construction was given and no possession as per section 53A of Transfer of Property Act was handed over. Hence, no transfer u/s 2(47)(v) took place, and capital gains were not chargeable. (AY. 2012-13)

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