CA NeWs Beta*: Land given to developer under land development agreement- Whether constitutes transfer

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Sunday, December 30, 2012

Land given to developer under land development agreement- Whether constitutes transfer

Land given to developer under land development agreement- Whether constitutes transfer

Where it was proved that assessee being the land owner had handed over the possession of property to the developer under the development agreement executed between assessee and developer, the said transaction
was rightly treated as 'transfer' within the meaning of section 2(47)(v) and consequently, assessee was liable for capital gain tax. - Vide  Krishna Kumar D. Shah (HUF) v. Dy. CIT (2012) 47 (II) ITCL 194 (Hyd 'B'-Trib)

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