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“joint development agreement”

Capital GainsSection 45(5A)Section 45(5A)386 judgments

M/S SUGEE TEN DEVELOPERS LLP,MUMBAI vs. THE INCOME TAX OFFICER, TDS WARD 2(2)(4),MUMBAI, MUMBAI

In the result, appeals of the assessee bearing ITA No

ITA 8287/MUM/2025[2022-23]Status: DisposedITAT Mumbai06 Mar 2026AY 2022-23

Bench: Shri. Arun Khodpia

For Appellant: Ms. Vinita ShahFor Respondent: Shri. Sanjeev Bhagat Sr. AR
Section 133ASection 194ISection 201Section 201(1)Section 250

have heard the rival submissions and carefully considered the documents available on record. The assessee is a developer who had entered into a Joint Development Agreement with the landowners. On the payment made to the landowners, the assessee deducted TDS at the rate of 1% under section 194IA

M/S SUGEE TEN DEVELOPERS LLP,MUMBAI vs. THE INCOME TAX OFFICER, TDS WARD 2(2)(4),MUMBAI, MUMBAI

In the result, appeals of the assessee bearing ITA No

ITA 8286/MUM/2025[2020-21]Status: DisposedITAT Mumbai06 Mar 2026AY 2020-21

Bench: Shri. Arun Khodpia

For Appellant: Ms. Vinita ShahFor Respondent: Shri. Sanjeev Bhagat Sr. AR
Section 133ASection 194ISection 201Section 201(1)Section 250

have heard the rival submissions and carefully considered the documents available on record. The assessee is a developer who had entered into a Joint Development Agreement with the landowners. On the payment made to the landowners, the assessee deducted TDS at the rate of 1% under section 194IA

M/S SUGEE TEN DEVELOPERS LLP,MUMBAI vs. THE INCOME TAX OFFICER, TDS WARD 2(2)(4),MUMBAI, MUMBAI

In the result, appeals of the assessee bearing ITA No

ITA 8285/MUM/2025[2019-20]Status: DisposedITAT Mumbai06 Mar 2026AY 2019-20

Bench: Shri. Arun Khodpia

For Appellant: Ms. Vinita ShahFor Respondent: Shri. Sanjeev Bhagat Sr. AR
Section 133ASection 194ISection 201Section 201(1)Section 250

have heard the rival submissions and carefully considered the documents available on record. The assessee is a developer who had entered into a Joint Development Agreement with the landowners. On the payment made to the landowners, the assessee deducted TDS at the rate of 1% under section 194IA

M/S SUGEE TEN DEVELOPERS LLP,MUMBAI vs. THE INCOME TAX OFFICER, TDS WARD 2(2)(4),MUMBAI, MUMBAI

In the result, appeals of the assessee bearing ITA No

ITA 8284/MUM/2025[2018-19]Status: DisposedITAT Mumbai06 Mar 2026AY 2018-19

Bench: Shri. Arun Khodpia

For Appellant: Ms. Vinita ShahFor Respondent: Shri. Sanjeev Bhagat Sr. AR
Section 133ASection 194ISection 201Section 201(1)Section 250

have heard the rival submissions and carefully considered the documents available on record. The assessee is a developer who had entered into a Joint Development Agreement with the landowners. On the payment made to the landowners, the assessee deducted TDS at the rate of 1% under section 194IA

ITO 19.3.1, MUMBAI vs. VARUN JAISINGH ASHER, MUMBAI

In the result, the appeal of the revenue bearing ITA No

ITA 8251/MUM/2025[2020-21]Status: DisposedITAT Mumbai06 Mar 2026AY 2020-21

Bench: Shri. Girish Agrawalito -19(3)(1), Mumbai Varun Jaisingh Asher Room No.405, 4Th Floor, Piramal Arkade Rise, 17Th Floor, 31-A, Vs. Chambers, Lower Parel Mumbai Carmichael Road, Cumballa Hills, 400012 Mumbai 400026 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aiapa1791N (Appellant) (Respondent)

For Appellant: Shri. Dharan GandhiFor Respondent: Shri. Sushil Shengde, SR DR
Section 143(3)Section 250Section 54FSection 56(2)(x)

Income Tax Act per se exempt transaction between assessee and his relatives from any tax on transaction. The owners entered into joint development agreement on 11/08/2014. Permanent Alternate Accommodation Agreement was entered by tenants with 3 ITA No. 8251/Mum/2025 AY 2020-21 Varun Jaisingh Asher the builder in March

SHRI. VIJAY MAHANTESH TRADING COMPANY,NAVALGUND vs. INCOME TAX OFFICER, WARD-1(2), HUBBALI

In the result, the appeal of assessee is hereby allowed

ITA 2414/BANG/2025[2018-19]Status: DisposedITAT Bangalore05 Mar 2026AY 2018-19

Bench: Shri Waseem Ahmed & Shri Keshav Dubeyassessment Year: 2018-19

For Appellant: Shri Rajeev C Nulvi, AdvocateFor Respondent: Shri Ganesh R Ghale, Advocate – Standing
Section 250Section 68

such increase in capital, the assessee submitted that its partners namely Mr. Anappa Bagi and Ms. Shivaleela S. Bagi, have entered into two Joint Development Agreements with Maxworth Reality India Private Limited and an amount of Rs. 48 lakhs (96 lacs gross) had been received during the financial year ... observed that the amounts credited in his bank account did not appear to have been received as refundable deposit under the Joint Development Agreement dated 03.08.2015. The Ld. CIT(A) further noted from the copy of the said JDA that the owners, namely the appellant along with her three sons

MENAKURU SUKUMAR REDDY,HYDERABAD vs. DCIT(A), CHENNAI

ITA 993/CHNY/2025[2017-18]Status: DisposedITAT Chennai02 Mar 2026AY 2017-18
Section 143(3)Section 147Section 148Section 251(2)Section 69A

Tribunal has in the\nimpugned order rendered a finding of fact that when the security deposit was\nreceived under the joint development agreement dated 4th April 2008, no sale\ntook place as no conveyance was executed. Further, the land and rights in\nrespect thereof being stock in trade

MENAKURU SUKUMAR REDDY,HYDERABAD vs. DCIT(A), CHENNAI

In the result the appeal of the revenue is dismissed

ITA 992/CHNY/2025[2016-17]Status: DisposedITAT Chennai02 Mar 2026AY 2016-17

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunatha

For Appellant: Shri. P. Murali Mohana Rao, CAFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 143(3)Section 147Section 148Section 251(2)Section 69A

Tribunal has in the impugned order rendered a finding of fact that when the security deposit was received under the joint development agreement dated 4th April 2008, no sale took place as no conveyance was executed. Further, the land and rights in respect thereof being stock in trade ... under the Transfer of Property Act also took place in the subject Assessment Year. The impugned order holds that in terms of the joint development agreement dated 4th April, 2008, only after all the requisite permissions are obtained, would the obligation to issue a license to M/s. Skyline Mansions

MENAKURU SUKUMAR REDDY,HYDERABAD vs. DCIT(A), CHENNAI

In the result the appeal of the revenue is dismissed

ITA 991/CHNY/2025[2015-16]Status: DisposedITAT Chennai02 Mar 2026AY 2015-16

Bench: Shri S.S. Viswanethra Ravi & Shri S. R. Raghunatha

For Appellant: Shri. P. Murali Mohana Rao, CAFor Respondent: Ms. E. Pavuna Sundari, CIT
Section 143(3)Section 147Section 148Section 251(2)Section 69A

Tribunal has in the impugned order rendered a finding of fact that when the security deposit was received under the joint development agreement dated 4th April 2008, no sale took place as no conveyance was executed. Further, the land and rights in respect thereof being stock in trade ... under the Transfer of Property Act also took place in the subject Assessment Year. The impugned order holds that in terms of the joint development agreement dated 4th April, 2008, only after all the requisite permissions are obtained, would the obligation to issue a license to M/s. Skyline Mansions

ACIT, CHENNAI vs. MENAKURU SUKUMAR REDDY , CHENNAI

ITA 1644/CHNY/2025[2017-18]Status: DisposedITAT Chennai02 Mar 2026AY 2017-18
Section 143(3)Section 147Section 148Section 251(2)Section 69A

Tribunal has in the\nimpugned order rendered a finding of fact that when the security deposit was\nreceived under the joint development agreement dated 4th April 2008, no sale\ntook place as no conveyance was executed. Further, the land and rights in\nrespect thereof being stock in trade

ACIT, CHENNAI vs. MENAKURU SUKUMAR REDDY, CHENNAI

ITA 1639/CHNY/2025[2015-16]Status: DisposedITAT Chennai02 Mar 2026AY 2015-16
For Respondent: Ms. E. Pavuna Sundari, CIT
Section 143(3)Section 147Section 148Section 251(2)Section 69A

Tribunal has in the\nimpugned order rendered a finding of fact that when the security deposit was\nreceived under the joint development agreement dated 4th April 2008, no sale\ntook place as no conveyance was executed. Further, the land and rights in\nrespect thereof being stock in trade

MUMMALANENI RAGHAVAN,GUNTUR vs. INCOME TAX OFFICER, GUNTUR

ITA 628/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam27 Feb 2026AY 2016-17
Section 144BSection 147Section 194ASection 56

hence, the\nproceedings are void-ab-initio.\n3.\nOn merits, the Ld.AR of appellant has mentioned in the\ngrounds of appeal that the Joint Development Agreement entered into\nby the appellant with the builder was cancelled and hence the levy of\nshort term capital gains tax by the Ld.AO, which ... passed on 22.03.2024. Short point\nfor adjudication is, whether the assessee is liable for paying capital\ngains tax in view of the Joint Development Agreement entered into by\nthe appellant with Atha Constructions during the year under\nconsideration. As per the information received by the department, the\nappellant had entered

MUMMALANENI RAGHAVAN,GUNTUR vs. INCOME TAX OFFICER, WARD-2(1), GUNTUR

In the result, both the appeals of the assessee are allowed

ITA 627/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam27 Feb 2026AY 2016-17

Bench: Itat, Stating That The Reopening Of Assessment U/S 147 Of The Act Was Based Merely On System Generated Information, Which Is Invalid & Without Any Tangible Material. In The Grounds Of Appeal, It Was Mentioned That The Assessment U/S 147 Is Beyond Time Limit Prescribed & Hence, The Proceedings Are Void-Ab-Initio.

Section 144Section 144BSection 147Section 194ASection 56

hence, the proceedings are void-ab-initio. 3. On merits, the Ld.AR of appellant has mentioned in the grounds of appeal that the Joint Development Agreement entered into by the appellant with the builder was cancelled and hence the levy of short term capital gains tax by the Ld.AO, which ... whether the assessee is liable for paying capital consideration. As per the information received by the department, the appellant had entered a Joint Development Agreement with Atha Constructions during the A.Y.2016-17 and as per the agreement, the appellant had received total amount of Rs.70,80,000/-. Since the appellant

JAGAN MOHAN RAO VALLURU,VIJAYAWADA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1), VIJAYAWADA

ITA 469/VIZ/2025[2009-10]Status: DisposedITAT Visakhapatnam27 Feb 2026AY 2009-10
Section 143(3)Section 147Section 148Section 154Section 250(6)

narrow compass. Elaborating\non his contention, the Ld.AR submitted that the assessee had, along with 17 other\nco-owners, entered into a Joint Development Agreement (for short, “JDA") on\n30.07.2008. Thereafter, the AO had initiated re-assessment proceedings for the\nsubject year, i.e., AY 2009-10 and issued notice under ... nDate: 2026.03.04 10:03:45\n+05'30'\nSr. Private Secretary\nITAT, Visakhapatnam\nPage. No 13", "summary": { "facts": "The assessee entered into a Joint Development Agreement (JDA) on 30.07.2008. The Assessing Officer (AO) initiated reassessment proceedings for AY 2009-10, adding Long-Term Capital Gains (LTCG) of Rs.1

SAI SRI ANUSHA VALLURU,VIJAYAWADA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1), VIJAYAWADA

ITA 468/VIZ/2025[2009-10]Status: DisposedITAT Visakhapatnam27 Feb 2026AY 2009-10
Section 143(3)Section 147Section 148Section 154Section 250(6)

narrow compass. Elaborating\non his contention, the Ld.AR submitted that the assessee had, along with 17 other\nco-owners, entered into a Joint Development Agreement (for short, “JDA") on\n30.07.2008. Thereafter, the AO had initiated re-assessment proceedings for the\nsubject year, i.e., AY 2009-10 and issued notice under ... Private Secretary\nITAT, Visakhapatnam\nPage. No 13\nPage. No 13", "summary": {"facts": "The assessee entered into a Joint Development Agreement (JDA) on 30.07.2008. The Assessing Officer (AO) initiated reassessment proceedings for AY 2009-10 and made an addition of Long-Term Capital Gains (LTCG). The assessee appealed

VINOD YADAV,PATNA vs. ITO, WARD- 6 (3), PATNA

In the result, the appeal of the assessee is partly allowed for statistical\npurposes

ITA 398/PAT/2025[2014-15]Status: DisposedITAT Patna23 Feb 2026AY 2014-15
For Appellant: Shri Mahendra Chowdhary, ARFor Respondent: Shri Ashwani Kr. Singal, DR
Section 133(6)Section 147Section 148Section 2(47)(ii)Section 50CSection 53A

made\nby the Id. AO on account of long-term capital gain arising from the\nproperty given for the Joint Development Agreement.\n2.1. The facts in brief are that the assessee is deriving income from\npension from Bihar Vidhan Sabha and interest from SB account with\nbank ... however, the\nfacts are distinguishable as in that case the substantial payments were\nmade at the time of execution of joint development agreement.\n2.2. After hearing the rival contentions and perusing the materials\navailable on record, we find that the assessee has entered into a Land\nDevelopment Agreement with

HARI NARAYAN GUPTA (HUF),PATNA vs. ITO, WARD- 6 (5), PATNA

In the result, the appeal of the assessee is allowed

ITA 384/PAT/2024[2011-12]Status: DisposedITAT Patna23 Feb 2026AY 2011-12
Section 133(6)Section 148Section 2(47)(v)Section 50C

made by the Id. AO\non account of long-term capital gain arising from the property given\nfor the Joint Development Agreement.\nThe facts in brief are that the assessee is deriving income from\nbusiness and is a senior citizen. During the year, the assessee filed\nthe return of income ... however,\nthe facts are distinguishable as in that case the substantial payments\nwere made at the time of execution of joint development agreement.\nAfter hearing the rival contentions and perusing the materials\navailable on record, we find that the assessee has entered into a\nLand Development Agreement with the builder

LATE RAMA KUMARI MUNNA REPRESENTED BY SHRI SHIVAYYA MUNNA HUSBAND LEGAL HEIR,GUNTUR vs. INCOME TAX OFFICER, WARD-2(1), GUNTUR

ITA 541/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam18 Feb 2026AY 2016-17

Bench: Shri Ravish Sood, Hon’Ble & Shri Omkareshwar Chidara, Hon’Ble

Section 143(2)Section 147Section 148Section 2(47)(v)Section 250

against the facts of the case. 2. The Learned CIT(A) and the lower authorities have erred in holding that the Joint Development Agreement (JDA) dated 18.03.2016 constituted a transfer within the meaning of section 2(47)(v) of the Income-tax Act, 1961, without properly appreciating the following

ASHUTOSH DUBEY,KANJURMARG vs. DCIT CIRCLE-8, PUNE

In the result, the appeal filed by the assessee is allowed

ITA 2215/PUN/2025[2019-20]Status: DisposedITAT Pune18 Feb 2026AY 2019-20

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.2215/Pun/2025 निर्धारण वषा / Assessment Year: 2019-20 Ashutosh Dubey, V Income Tax Officer, Tower 8, Flat No.3201, Runwal S Circle-8, Pune. Forest, Lbs Road, Kanjurmarg West, Maharashtra – 400078 Pan: Ajppd0173M Appellant/ Assessee Respondent /Revenue Assessee By Shri Amar Pandey (Virtual) Revenue By Smt Neha Thakur (Virtual) Date Of Hearing 20/01/2026 Date Of Pronouncement 18/02/2026

Section 139Section 139(1)Section 147Section 148Section 246ASection 250Section 270ASection 274(2)Section 5

bona fide and genuine without any intention of under-reporting of income, arising on account of transfer of property in pursuant to the Joint Development Agreement. Since the assessee has already paid a substantial amount of tax and also filed return of income disclosing the complete income in respect

ARCHANA AGARWAL,KOLKATA vs. ITO WARD 44(2), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1888/KOL/2025[2016-17]Status: DisposedITAT Kolkata17 Feb 2026AY 2016-17
For Appellant: Shri Akshay Ringasia, ARFor Respondent: Shri Prabhakar Prakash Ranjan
Section 131Section 143(2)Section 68

made by the\nId. AO towards sundry creditors which represented the amount\nreceived as earnest money under the joint development agreement.\n2.1. The facts in brief are that the assessee filed the return of income\non 17.10.2016, declaring total income at ₹12,74,220/-. The case of\nthe assessee ... n2.3. After hearing the rival contentions and perusing the materials\navailable on record, we find that the assessee received an amount\nunder MOU/ Joint Development Agreement with M/s Combine Infra\nVentures Pvt. Ltd. The joint development agreement was executed\non on 05.09.2014, a copy of which is available at page

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