Tribunal held that the assessee is civil contractor and income earned from the project has been assessed as business income and development rights were held as  business  assets . Accordingly the term transfer as defined in S.2(47)(v) would not apply since the said section is applicable only in case of capital asset held by the assesee.  The Tribunal also held that the terms of joint venture agreement only part income accrued to the assesssee on the execution of the project agreement . The balance consideration was a conditional receipt and will accrue only in obligation under the agreement. It  is evidenced that the  details furnished that the payments received in subsequent years have already been offered to tax . Appeal of the revenue is dismissed . ( ITA No. 5851/Mum/ 2018 dt . 6-7 2020 ) (AY. 2009 -10)