follows:
Amendment of section 17 - In section 17 of the Registration Act, -
(a) After sub- section 1 , the following sub-section shall be
inserted, namely ... contemplated by section 2(47) (v) . It is enough if the
agreement/contract falling within the description of section 53A '
provides for taking possession
agreed
consideration, all conditions of Section 2(47)(v) of the Income Tax Act, 1961 read with
Section 53A of the Transfer of Property ... appellant in view of provisions
of section 2(47) of Income Tax Act and section 53A of Transfer of Property Act, such
transfer cannot
same is part performance of
the contract, in nature, as per Section 53A of the Transfer of
Property Act, 1882, it had been held that ... Transfer of Property Act are satisfied. This section is
reproduced below for ready reference:
" Sec. 53A --Part performance--Where any person contracts to
transfer
performance of the agreement in terms of section 2(47)(v) of
the Act read with section 53A ... covered within the definition of section 2(47) of the
Income Tax Act, 1961 read with Section 53A of the TPA, 1882. Accordingly
contemplated
by section 2 (47](v). It is enough if the
agreement/contract falling within the description of
section 53A ' provides for taking possession ... Hema Mohanlal.
section applies, and this is what is meant by the expression "of
the nature referred to in section 53A ". This expression
bodily lifting and reading such later provision in section
2(47)(v) of the Act. Section 53A of the TPA, as applicable on the
date ... such circumstances, the
case gets covered u/s. 2(47)(v) of the Act read with section 53A of
the Transfer of Property Act having
scope and ambit of sec.
48 read with sec. 2(47)(v) of the Act read with sec. 53A ... erroneously under section 2(47)(v) of the Act read with sec. 53A of Transfer of
Property Act, 1882. For saying so, he relied
considered the amendments in
section 17A of the Registration Act, 1908 and also the amendments in section
53A of the Transfer of Property ... that the Section
applies, and this is what is meant by the expression "of the nature
referred to in Section 53A". This expression
would come within the ambit of Section 2(47)(v) . That, in order to attract Section 53A, the following conditions need to be fulfilled. There ... Transfer of Property Act are satisfied. This section is reproduced below for ready reference:
Section 53A : Part performance-Where any person contracts to transfer
property as per the Income-tax Act , viz., u/s
2(47)(v) r.w. section 53A of the TP Act, 1882, read as follows ... section 2(47)(v) of the Income-tax
Act. The Income-tax Act by the definition clause includes a transaction
in accordance with section 53A
