During assessment year   under an unregistered agreement  the assessee received certain payment from developer of  property.  The Assessing Officer held that the assessee has handed over the possessing of property to developer and assessed the amount as capital gains.  Commissioner (Appeals) held that full amount payable under agreement had accrued to assessee in assessment year 2009-10 hence affirmed the order of the Assessing Office.   Tribunal held that   after amendment to section 53A of Transfer of Property Act, 1882 which was amended by Amendment Act, 2001 which stipulates that if an agreement like joint development agreement is not registered then it shall have no effect in law for purposes of section 53A of the Act. Accordingly deleted the  addition. On appeal High Court held that in light of law laid down by Supreme Court in case of CIT v. Balbir Singh Maini (2017) 398 ITR 531/ 251 Taxman 202 (SC)  to effect that if development agreement is not registered it shall have no effect in law for purposes of section 53A which bodily stood incorporated in section 2(47)(v) of the Act. Accordingly the  Tribunal was right in allowing assessee’s appeal and granting relief. (AY. 2009-10)