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2019 (2) TMI 1351 - AT - Income TaxShort term capital gain - part-payment of sale consideration by cheque at the time of entering into an Agreement to Sell - HELD THAT:- The Agreement to Sell is not required to be registered as per Section 2(47)(vi) of the I.T. Act because the conditions of this provision are satisfied in the present case. The decisions relied upon by the Assessee squarely apply to the facts and circumstances of the case, particularly decision in the case of Shri Chandra Prakash Jain vs. ACIT [2014 (5) TMI 819 - ALLAHABAD HIGH COURT] to prove that the transfer of impugned property was completed on 30.01.2009 on the day of execution of Agreement to Sell and handing-over possession to the purchaser. Therefore, the transfer in relation to capital asset have completed on 30.01.2009 which pertain to preceding A.Y. 2009-2010, therefore, no capital gain could be assessed in assessment year under appeal i.e., 2010-2011. - Decided in favour of assessee.
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