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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

Patchirajan Lakshmanan, Madurai vs. PCIT, Madurai

In the result, appeal of the assessee is allowed

ITA 597/CHNY/2020[2015-16]Status: DisposedITAT Chennai28 Jun 2024AY 2015-16

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकरअपीलसं./Ita No.: 597/Chny/2020 िनधा"रणवष" / Assessment Year: 2015-16 The Principal Commissioner Of Patchirajan Lakshmanan, V. Income Tax, No. 102F,/16Z/3, Maduari -1, Dhanasekaran Nagar, Madurai – 625 002. Polepettai (West) – 628 002. [Pan:Aazpl-1396-H] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/Appellant By : Shri. S. Sridhar, Advocate ""यथ"क"ओरसे/Respondent By : Shri. V. Nandakumar, Cit सुनवाई क" तारीख/Date Of Hearing : 01.05.2024 घोषणा क" तारीख/Date Of Pronouncement : 28.06.2024 आदेश /O R D E R

For Appellant: Shri. S. Sridhar, AdvocateFor Respondent: Shri. V. Nandakumar, CIT
Section 143(1)(a)Section 143(3)Section 263Section 54F

pretext of investing the L TCG on construction of house property. To claim exemption u/s 54F, on the date of transfer of the long term capital assets (plots), the assessee should not own more than one residential house property. However, you have owned house at North Car Street, Door No.10 ... another house at North Car Street, Door No.11 on the date of transfer of L TC assets. Since, you have owned more than one house property on the date of transfer of L TC assets on 08/2014, the exemption claimed and allowed u/s 54F is not in order. During

Dn Solutions (India) Private Limited, Bangalore vs. The Income Tax Officer, Ward 2(1)(3), Bangalore

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 439/BANG/2024[2017-18]Status: DisposedITAT Bangalore24 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Years : 2017-18 Dn Solutions (India) Private Limited, Vs. The Income Tax Officer, Ward – 2(1)(3), No.82, Jakkur Village, Yelahanka, Bangalore. Hobli Bangalore-560 064. Pan – Aafcd 7715 F Appellant Respondent Assessee By : Shri Ashik Shah & Sri Vinay Jain, Cas Revenue By : Shri Neha Sahay, Addl. Cit (Dr) Date Of Hearing : 20.06.2024 Date Of Pronouncement : 24.06.2024 O R D E R Per Shri Prakash Chand Yadavthe Present Appeal Of The Assessee Is Arising From The Order Passed By The Nfac, Delhi Dated 17/01/2024 In Din No. Itba/Nfac/S/ 250/2023-24/1059828155(1) For The Assessment Year 2017-18. 2. The Assessee, M/S Dn Solution India Private Limited Formerly Known As Doosan Machine Tools India Private Limited Is A Company Incorporated On July 05, 2016 & Is Engaged In The Business Of Trading In Parts & Spares Used In Machine Tools & Other Business Support Service Activities. 3. The Assessee Fled Its Return Of Income For Year Under Consideration On 29/11/2017 Declaring An Income Of Rs.18,58,390/-. The Case Of The Assessee Was Selected For Scrutiny After Issuing Page 2 Of 8 Statutory Notices. During The Course Of Assessment Proceedings, The Ao Made 4 Additions Mentioned As Under:-

For Appellant: Shri Ashik Shah & Sri Vinay Jain, CAsFor Respondent: Shri Neha Sahay, Addl. CIT (DR)

goodwill the AO took a view that assessee is not entitled for depreciation on goodwill because there was no valuation report on the date of transfer of the business. The AO also referred to the business transfer agreement dated 29/07/2016 and held that there is no mention of any good