Assessee sold land and handed over possession after receiving full consideration in the financial year 2009-10 under an oral agreement and offered for taxation. Registered conveyance deed was executed later on 11-3-2016, transfer was deemed to have occurred in the financial year 2009-10 under section 2(47), capital gains could not be taxed in the subsequent year when the deed was registered. The order of the Assessing Officer was set aside. (AY. 2016-17)
Maimoon Fashion Accessories (P.) Ltd. v. ITO (2025) 215 ITD 241 (Mum) (Trib.)
S. 45: Capital gains-Transfer-Year of taxability-Handed over possession-Oral agreement-Full consideration-Registered conveyance deed was executed later-Capital gains could not be taxed in the subsequent year when the deed was registered.[S. 2(47), 50C.]
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