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“date of transfer”

Capital GainsSection 2(47)Section 2(47)965 judgments

The decision most relied on for date of transfer is CIT v. Balbir Singh Maini (398 ITR 531), cited in 228 judgments on BharatTax.

Leading authorities on date of transfer

CIT v. Balbir Singh Maini
398 ITR 531 · 2017 · Supreme Court
228
citing judgments

A transfer of immovable property, for the purpose of capital gains under section 2(47)(v) of the Income-tax Act, occurs only when the agreement allowing possession in part performance of a contract is a registered instrument, as mandated by Section 53A of the Transfer of Property Act.

Chaturbhuj Dwarkadas Kapadia v. CIT
260 ITR 491 · 2003 · High Court
150
citing judgments

For capital gains purposes, a 'transfer' under section 2(47)(v) occurs and capital gains arise in the year when possession of the property is handed over in part performance of a contract, such as a joint development agreement. This was the settled position before the specific provisions of section 45(5A) were introduced.

Sanjeev Lal v. CIT
365 ITR 389 · 2014 · Supreme Court
122
citing judgments

For claiming capital gains exemption under beneficial provisions like section 54, the 'date of transfer' can be the date of the agreement to sell, particularly when coupled with substantial advance consideration or an enforceable right, adopting a purposive and liberal interpretation to acknowledge the assessee's intent.

Suraj Lamp & Industries (P) Ltd. v. State of Haryana
340 ITR 1 · 2012 · Supreme Court
64
citing judgments

A transfer of immovable property by way of sale is legally valid only through a duly stamped and registered deed of conveyance. Unregistered instruments like agreements to sell, General Power of Attorney, or wills do not transfer title or create an interest in the property.

CIT v. T.K. Dayalu
202 Taxmann 531 · 2011 · High Court
58
citing judgments

In a Joint Development Agreement (JDA), capital gains arise for chargeability to tax when the complete control over the property is passed to the developer, with the date of such transfer of control being relevant for determining the assessment year. This includes considerations of possession under Section 53A of the Transfer of Property Act.

PCIT v. Swananda Properties (P.) Ltd.
111 Taxmann.com 94 · 2019 · High Court
50
citing judgments

Prior to the incorporation of the proviso to section 43CA(1) with effect from 1st April 2019, section 43CA did not envisage any limit regarding the difference between the stamp duty value and the actual sale consideration received by the assessee for the transfer of immovable property that was stock-in-trade.

CIT v. Ashaland Corporation
133 ITR 55 · 1982 · High Court
44
citing judgments

Income from the sale of immovable property, including any 'on-money' component, is taxable only when the sale is complete, marked by the execution and registration of the sale deed and/or transfer of possession to the buyer.

CIT v. R.L. Sood
245 ITR 727 · 2000 · High Court
42
citing judgments

Exemption under Section 54 for capital gains on a residential property is available even if the sale deed is not registered within the stipulated time, provided a substantial amount of consideration is paid, or the delay in completion/registration is beyond the assessee's control.

Judgments citing date of transfer

Siddharth Bhaskar Shah, Mumbai vs. Pr. Commissioner of Income Tax-27, New Mumbai

ITA 3327/MUM/2025[2022-23]Status: DisposedITAT Mumbai16 Feb 2026AY 2022-23

Bench: Shri Sandeep Gosain & Shri Om Prakash Kantι.Τ.Α. Νο. 3327/Mum/2025 Α.Υ: 2022-23 Siddharth Bhaskar Shah Vs Pcit -27 803, Neelkanth Indraprastha, Valley, Rajawadi, Ghatkopar (E) Mumbai - 400077 Pan – Bigps6015Q Room No. 401, 4Th Floor, Tower No. 6, Vashi Rly Stn, Commercial Complex Vashi, Navi Mumbai. (Appellant) (Respondent) Assessee By | Shri Satyaprakash Singh Revenue By | Shri Vivek Permapurna, Cit (Dr) Date Of Hearing 19.11.2026 Date Of Pronouncement 16.02.2026 Order Per: Shri. Sandeep Gosain, J.M.: The Present Appeal Has Been Filed By The Assessee Challenging The Impugned Order Dt. 24.04.2025 Passed Under Section 263 Of The Income Tax Act, 1961 (‘The Act'), By The Pr.Cit(A) For The Assessment Year 2022-23. The Assessee Has Raised The Following Grounds Of Appeal: 1. The Learned Principal Commissioner Of Income-Tax Has Erred In Law & On Facts In Not Appreciating That Where The A.O. After Detailed Verification Of Record & Making Enquires Had Framed The Assessment, The Revision Powers Conferred On The Principal Cit Under Section 263 Of Act, Cannot Invoked Only Based On A Change Of Opinion. 2

Section 263Section 54F

taxable without considering that A.O. had considered Assessee has not more than one residential flat, other than the new flat on the date of transfer of the original asset. 6. The Appellant prays that, the Order u/s.263 of the Income- tax Act dated 24.04.2025 passed by Principal Commissioner of Income ... which prescribes that assessee could not “own more than one residential house other than the new asset on the date of transfer of the original asset" 4. In this regard the assessee categorically mentioned that with regard to deduction

Mrs. Dhoomi Devi, Chamoli vs. ITO, W-1(4)4, Srinagar, Chamoli

In the result, appeal of the assessee is partly allowed

ITA 149/DDN/2024[2022-23]Status: DisposedITAT Dehradun13 Feb 2026AY 2022-23

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year : 2022-23] Mrs. Dhoomi Devi Vs Ito C/O-Hotel Udai Palace Near . Ward-1(4)4 Narsingh Temple Srignagar, Chamoli Joshimath Chamoli, Uttarakhand-246174 Uttarakhand-246443 Pan-Adkpd6984B Appellant Respondent Assessee By Shri Tarandeep Singh, Adv. Revenue By Shri A.S. Rana, Sr. Dr Date Of Hearing 08.12.2025 Date Of Pronouncement 13.02.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 08.08.2024 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Nfac/2021-22/10329482 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 05.03.2024 Passed U/S 143(3) R.W.S. 144B Of The Act Pertaining To Assessment Year 2022-23. 2. Brief Facts Of The Case Are That Assessee Is An Individual & The Case Was Selected For Scrutiny Under Cass For Reason I.E. “Large Investment In Immovable Property As Compared To The Total Income”. The Ao Than Passed The Assessment Order U/S 143(3) R.W.S. 144B On 05.03.2024 At A Total Income Of Inr 2,70,31,224/- As Against The Total Income Declared At Inr 29,45,000/- In The Return Of Income Filed By The Assessee.

Section 143(3)Section 250Section 54FSection 54F(1)

deduction claimed u/s 54F of the Act by holding that assessee is having more than one residential house property as on the date of transfer and thus, is disqualified for entitlement of claiming deduction u/s 54F of the Act. The said disallowance was confirmed by Ld.CIT(A) by observing that ... evidences were filed by the assessee in support of the claim that all the other properties owned by the assessee as on the date of transfer and alleged as residential properties were commercial in nature. 9. Before us, assessee filed additional evidences in the shape of identity proofs and affidavits