Saamag Developers (P.) Ltd. v. ACIT (2018) 173 ITD 350 (Delhi) (Trib.)

S. 45 : Capital gains-Transfer of development right-Handing over possession of Land -Unregistered agreement-No valid transfer– Not liable to capital gains tax. [S.2 (47)(v)]

Following the decision in assesses own case own case for assessment year 2008-09, i.e., Saamag Developers (P.) Ltd. v. ACIT (2018) 168 ITD 649 (Delhi) (Trib.)  wherein the Tribunal held that when  an agreement entered into between assessee and its group company was not registered, there was no valid transfer in terms of section 2(47)(v) and, accordingly, no liability of tax could be fastened upon assessee merely on basis that possession of land was handed over by assessee to SareSaamag Reality Pvt. Ltd (SSRPL). ( AY.2010-11)