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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

Anil Shrichand Sadhwani, Nashik vs. ITO, Ward 2(1), Nashik

Appeal is allowed

ITA 2443/PUN/2024[2015-16]Status: DisposedITAT Pune20 May 2025AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2443/Pun/2024 िनधा"रण वष" / Assessment Year: 2015-16 Anil Shrichand Sadhwani, V The Income Tax Officer, Chhatrapati Shivaji Hsg Soc, S Ward-2(1), Pune. Nashik Road, Jailroad, Nashik – 422101. Maharashtra. Pan: Annps1615D Appellant/ Assessee Respondent / Revenue Assessee By Shri Sanket M Joshi – Ar Revenue By Shri Ramnath P Murkunde – Dr Date Of Hearing 23/04/2025 Date Of Pronouncement 20/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: Thisappeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250Of The Income Tax Act, 1961; Dated 23.09.2024 For Assessment Year 2015-16. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Learned Ctt(A) Erred In Confirming The Addition U/S 50C Of Rs.6,15,600 By Taxing The Appellant'S Share In Difference Between Govt. Valuation Of Rs.2,52,31,000 & Actual Consideration Of Rs 2,40,00,000 Received On Sale Of Immovable Property As Income U/S 50C Without

Section 143(3)Section 250oSection 263Section 50CSection 54ESection 54F

respect of long term capital gain on the ground that the appellant had made investment in construction of new bungalow prior to the date of transfer of original asset without appreciating that the said disallowance was not warranted on facts and in law. 4. The learned CIT(A) failed ... Honorable Courts. 5. Without prejudice to ground no. 3 & 4, it is submitted that the investment made in construction of bungalow after the date of transfer of original asset may be allowed as a deduction u/s 54F of the Act. 6. The learned CIT(A) erred in holding that

Income Tax Officer, Mumbai vs. Harsh Sandeep Thakore, Mumbai

In the result, the ground no

ITA 1703/MUM/2024[2009-10]Status: DisposedITAT Mumbai19 May 2025AY 2009-10

Bench: Ms. Kavitha Rajagopal, Jm & Shri Renu Jauhri, Am Income Tax Officer, Mumbai Harsh Sandeep Thakore 4Th Floor, Harvansh, N. S. Road, 8, 502, Piramal Chambers, Lalbaug, Parel, Mumbai – 400012. Vs. Jvpd Scheme, Vile Parle, West, Mumbai – 400049. Pan/Gir No. Aaapt4930A (Appellant) : (Respondent) C.O. No. 81/Mum/2024 (Arising Out Of Ita No. 1703/Mum/2024) (Assessment Year: 2009-10) Income Tax Officer, Mumbai Harsh Sandeep Thakore 4Th Floor, Harvansh, N. S. Road, 8, 502, Piramal Chambers, Lalbaug, Parel, Mumbai – 400012. Vs. Jvpd Scheme, Vile Parle, West, Mumbai – 400049. Pan/Gir No. Aaapt4930A (Appellant) : (Respondent) : Shri. Reepal Tralshawala Assessee By Respondent By : Shri. Hemanshu Joshi (Sr. Dr.) Date Of Hearing : 20.02.2025 Date Of Pronouncement : 19.05.2025 O R D E R Per Bench: These Are Cross Appeals Filed By The Revenue & Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short)

For Respondent: Shri. Hemanshu Joshi (SR. DR.)
Section 143(2)Section 143(3)Section 144(3)Section 148Section 250Section 54F

that Section 54F of the Act states that the assessee should have made the investment one year prior or two years after the date of transfer or construction of the residential house within 3 years from the transfer of the capital asset for the purpose of claiming deduction