terms and
conditions. Condition no. 5 reads as under;
"that developer shall develop the amenity on the
amenity space, as directed by the Corporation ... petitioner requested the Executive
Engineer to grant the TDR, since the developed amenity had been
handed over to the Corporation. Paragraph
also amount to
construction of amenity which would make the developer eligible
for additional TDR @ 1.0. The petitioner, therefore, made further
representations to the authorities ... same layout or the developer can avail of TDR alongwith
amenities TDR. However, both these alternatives are independent.
It was, therefore, concluded that
Ganpat Thakur.
assessee). As per the books of Shri Tirupati Greenfield Developer, this TDR
was purchased in February 2006 in respect of plot ... reply that she has the said TDR has been
transferred to Shree Tirupati Greenfield Developers. The Assessing Officer
on the basis of report
Appendix "W" refers to regulations for grant
of TDR to owners/developers and conditions for grant of such
rights. We are concerned ... construction is carried out at the cost of the developer, it
will not claim any TDR, which is also nothing but a compensation
Developers Pvt Ltd ,
whereby the Society authorized the Developer to demolish the said
Bungalows and reconstruct a Tower. As per the Development
Agreement, the Developer ... taken place.
The appellant society has not given possession to the developer.
The developer has not even managed to get CC. On similar facts
subsequent facts and documents showing that
the Landlord/Developer has now purchased and loaded TDR on the Subject Building
and has submitted the amended plans ... year 2013 only because pending the Appeal,
the Landlord/Developer had purchased/loaded TDR and had submitted amended
plans to the MCGM for approval
Developer on or before
request being made by the developer to vacate respective tenements of
the occupants of the society.
...... ....
10.2 The developers shall initially ... said
property potential together with TDR & compensatory fungible FSI
loading of TDR which is covering the Members' existing premises initially
TDR @ Rs. 251/- per sq. feet; (iii). that the assessee had transferred
a kuccha TDR which was substantially different from a pucca TDR that ... were borne by the purchaser viz. M/s Prem Leela Developer; and (v).
the TDR sold by the assessee to M/s Prem Leela Developer
Resettlement Act, 2013], Floor Space
Index (FSI) or Transferable Development Rights (TDR)
against the area of land surrendered free of cost and free
from ... land (together with the amenity, if any, so
developed or constructed) so acquired by agreement or by
grant of Floor Space Index or additional |Floor
hand, relied on the order of AO
by submitting that the FSI/TDR falls within the definition of
capital asset as defined under section ... held that in case of sale of FSI/TDR rights by the assessee to
the developers which have accrued in favour of the assessee
following
