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Income Tax - Highlights / Catch Notes

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Capital gain - JDA entered - Transfer of capital asset - From a ...

Income Tax

September 8, 2022

Capital gain - JDA entered - Transfer of capital asset - From a reading of the above clauses of the JDA, it is clear that the Developer will take possession of the property for the specific purpose of development only, that too after satisfying the conditions like obtaining approvals etc. The clause also provides that possession given to the develop cannot be regarded as delivery of possession in part performance of Agreement for Sale as contemplated under section 53-A of the Transfer of Property Act, 1882 - No additions - AT

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