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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

Satya Dharma Hotels Pvt Ltd, New Delhi vs. ITO Ward - 22(4), New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 4235/DEL/2019[2015-16]Status: DisposedITAT Delhi09 Jun 2023AY 2015-16

Bench: Shri Chandra Mohan Garg & Shri M. Balaganeshassessment Year: 2015-16 M/S. Satya Dharma Hotels Pvt. Ltd., Ito, Ward-22(4), New Delhi 110002 177, 1St Floor, Vigyan Vihar, New Delhi 110092 Vs. Pan Aahcs 0289 H (Appellant) (Respondent) For Assessee : Shri P.C Yadav, Adv. Shri Shivam Garg, Ca Shri Raghav Sharma, Ca Revenue For : Shri Vipul Kashyap, Sr.Dr Date Of Hearing : 18.04.2023 Date Of Pronouncement : 09.06.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Cit(A)-8, New Delhi Dated 01.03.2019 For Ay 2015-16. 2. The Grounds Of Assessee Are As Follows:- 1. That On The Facts & Circumstances Of The Case & In Law, The Order Passed By Cit (A)-08, New Delhi Is Contrary To The Facts & Bad In Law. 2. I) I Am Not Agreeing With The Computation Of Capital Gain Made By Assessing Officer. Ii) During The Assessment, Sec 55A Of Income Tax Act Has Not Been Considered By Assessing Officer For Valuation Of The Land As Requested By Us. Taking Rate Of Registering Authority & Not Consider The Fair Market Value Which Is Very Low. Iii)The Ld. Ao Has Not Considered The Addition Made During The Year & Added Back In The Income Of The Assessee Company. 4. Demand Calculated By A.O. Is Prejudicial To The Company And, If Appeal Is Not Allowed To Be Proceeded It Amounting To Against The Law.

For Appellant: Shri P.C Yadav, Adv
Section 1Section 50CSection 55A

assessed or assessable by the stamp valuation authority under sub section 1 exceeds the fair market value of the property as on the date of transfer then the Assessing Officer may refer the valuation of the capital asset to a valuation officer. In the present case from the orders ... authority then the Assessing Officer was under obligation to refer the matter to DVO for determination of fair market value as on the date of transfer of capital asset but the Assessing Officer proceeded to make addition treating the entire value as per circle rate without referring the matter

Smt. Kusumben Amritlal Sanghavi, Jamnagar vs. The DCIT, Circle, Jamnagar

In the result, assessee’s appeal is allowed

ITA 194/RJT/2019[2015-16]Status: DisposedITAT Rajkot30 May 2023AY 2015-16

Bench: Smt.Annapurna Gupta & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 194/Rjt/2019 ("नधा"रण वष" / Assessment Year : 2015-16) Smt. Kusumben Amritlal Dy. Commissioner Of बनाम/ Sanghavi Income Tax Vs. C/O. Kantilal & Circle-2, Jamnagar - Brothers, Grain Market, 361008 Jamnagar - 361001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Afhps5412C .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : Shri D. S. Varia, A.R. ""यथ" क" ओर से / Shri B. D. Gupta, Sr.D.R. Respondent By : सुनवाई क" तार"ख / Date Of 06/04/2023 Hearing घोषणा क" तार"ख /Date Of 30/05/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Assessee Is Directed Against The Order Dated 25.06.2019 Passed By The Commissioner Of Income Tax (Appeals), Jamnagar (‘The Cit(A)’), Arising Out Of The Assessment Order Dated 30.06.2017 Passed By The Learned Dcit, Circle-2, Jamnagar Under Section

For Appellant: Shri D. S. Varia, A.R
Section 139(1)Section 139(4)Section 143(3)Section 54Section 54F

DCIT) A. Y. 2015-16 - 4- exemption would be available if the assessee purchased the residential house within two years after the date when transfer took place. As per the judgment of Hon'ble Karnataka High Court, the provisions of section 54F(4) would not be attracted in the event ... fact that the assessee had purchased within two years [the period prescribed u/s.54(F(1)] a new asset on 05/10/2009 from the date of transfer of the original asset. The Revenue has not cited or placed on record any contrary judgment by the Hon'ble Jurisdictional High Court

Dy. Commissioner of Income Tax Circle 13(2)(2), Mumbai vs. Sodexo Facilities Management Services India Pvt Ltd, Mumbai

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

ITA 2945/MUM/2022[2012-13]Status: DisposedITAT Mumbai25 May 2023AY 2012-13

Bench: Shri Om Prakash Kant & Ms.Kavitha Rajagopaldcit, Sodexo Facilities Circle-13(2)(2), Management Services बनाम/ Mumbai. India Pvt.Ltd., 1St Floor, Vs. Gemstar Commercial Complex, Ramchandra Lane, Extension Kanchpada, Malad West, Mumbai-400064. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aabcs4166M (अपीलाथ"/Appellant) (""थ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri A.N.Bhalekar, Sr.Ar ""थ" की ओर से/Respondent By: Shri Mrunal Parekh सुनवाई की तारीख/ Date Of Hearing 16/05/2023 घोषणा की तारीख /Date Of Pronouncement 25/05/2023 आदेश / Order Per Om Prakash Kant- Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 20.09.2022 Passed By Ld Commissioner Of Income-Tax (Appeals)-National Faceless Appeal Centre, Delhi [“In Short The Ld. Cit(A)”]For Assessment Year (“Ay”) 2012-13, Raised Following Grounds: -

For Appellant: Shri A.N.Bhalekar, Sr.ARFor Respondent: Shri Mrunal Parekh
Section 139(1)Section 143(3)Section 147Section 148Section 151(1)Section 43(6)(c)Section 50B(3)

purpose of LTCG on transfer of a capital asset by way of slump sale, FMV of the capital asset as on the date of transfer is deemed to the full value of the consideration received or accruing as a result of the transfer of such capital asset , therefore

The Deputy Commissioner of Income Tax Officer (International Taxation), Visakhapatnam vs. Babu Rajendra Prasad Vadlamudi, Guntur

In the result, appeal of the Revenue is allowed

ITA 154/VIZ/2019[2011-12]Status: DisposedITAT Visakhapatnam23 May 2023AY 2011-12

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.154/Viz/2019 ("नधा"रणवष"/ Assessment Year : 2011-12) The Deputy Commissioner Of Vs. Sri Babu Rajendra Prasad Income Tax (International Vadlamudi, Taxation), Visakhapatnam. Guntur. (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ"क"ओरसे/ Assessee By : Sri A. Chaitanya, Ar ""याथ"क"ओरसे/ Revenue By : Sri On Hari Prasada Rao, Sr. Ar सुनवाईक"तार"ख/ Date Of Hearing : 30/03/2023 घोषणाक"तार"ख/Date Of : 23/05/2023 Pronouncement O R D E R

For Appellant: Sri A. Chaitanya, ARFor Respondent: Sri ON Hari Prasada Rao
Section 142(1)Section 143(2)Section 143(3)Section 148Section 54F

section shall apply where— 6 (a) the assessee,— (i) owns more than one residential house, other than the new asset, on the date of transfer of the original asset; or (ii) purchases any residential house, other than the new asset, within a period of one year after the date ... original asset; or (iii) constructs any residential house, other than the new asset, within a period of three years after the date of transfer of the original asset; and (b) the income from such residential house, other than the one residential house owned on the date of transfer