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
Wherein it is held that the ingredients of section 53A of the Property
Act is satisfied, after the assessee parted with the possession ... assessee is not correct since the
conditions set out in sec. 53A of the Transfer of Property Act are not
complied with. The essential conditions
connection with a contract to transfer for
consideration as contemplated under section 53A of
Transfer of Property Act and not otherwise.
4. The learned Commissioner ... part performance of a contract of
the nature referred to in Sec. 53A of the Transfer of Property Act, 1882
Sec. 53A of the Transfer
would come within the ambit of section 2(47)(v) .
In order to attract section 53A, the following conditions need
to be fulfilled. There should ... discussed
various implications of clause (v) of section 2(47) and also
implication of section 53A of the Transfer of Property Act as well
would come within the ambit of section 2(47)(v) .
In order to attract section 53A, the following conditions need
to be fulfilled. There should ... discussed
various implications of clause (v) of section 2(47) and also
implication of section 53A of the Transfer of Property Act as well
Development agreement comes out of the scope of the ambit of
section 53A of the Transfer of Property Act. Therefore, section 53A ... part
performance of a contract of the nature referred to in section
53A of the Transfer of Property
landowner, it is
advisable to avoid the applicability of section 53A of the Transfer
of Property Act. This can be achieved by mentioning ... been given to
the alleged transferee, even the provisions of Section 53A of the
Transfer of Property Act was not applicable and accordingly
there
would
come within the ambit.of section 2(47) (v ). In order to attract
section 53A , the following conditions need to be fulfilled. There
should ... registry nor under section 2(47)(v) ,
in part-performance of a contract of the nature referred to in
section 53A of the Transfer
that in the present case, Section
2(47)(v) is applicable along with Section 53A of the Transfer of Property
Act. He also submitted that ... reproduce the relevant provisions of Section
2(47)(v) of the Income tax Act, 1961 and Section 53A of the Transfer of
Properties Act:-
Section
part performance of a contract of the nature
referred to in section 53A of the transfer of Property ... 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