Tribunal held that, mere licence  to builder to enter property for purpose of carrying out development, cannot be  regarded as transfer.  The mere fact that development of the property be done without possession, cannot be the basis to come to a conclusion that possession was delivered in part performance of the agreement for sale in the manner laid down in S. 53A of the Transfer of Property Act. Such possession is on behalf of the assessee and not in the independent capacity of purchaser of the property. Accordingly  capital gain tax is not leviable. (AY. 2006 -07)