Naga padmaja vangara (Smt.) v. ITO (2022) 197 ITD 665 (Hyd.) (Trib.)

S. 45 : Capital gains-Joint Development Agreement-Transfer-Development of a plot of land-Transfer complete on execution of IDA-Capital gains is rightly assessed by the Assessing Officer. [S. 2(47)]

The assessee entered into a Joint Development Agreement (JDA-cum-GPA with a developer for development of a plot of land owned by it. Assessing Officer after considering share of assessee in project at 40 per cent determined consideration and transfer of land at certain amount and after deducting indexed cost of acquisition, determined LTCG at certain amount. Assessee contended that capital gain could not be added during relevant assessment year since she didn’t get possession of flats during relevant assessment yea. Commissioner (Appeals) held that transfer was complete on execution of JDA, and, thus, assessee was liable to capital gain tax in relevant assessment year 2016-17 when JDA was entered into between assessee and developer for development of land. On appeal the Tribunal affirmed the order of the Assessing Officer. (AY. 2016-17)