developed project. We agree with the ld. AR that provision of Section
53A of the Transfer of Property Act cannot be made applicable
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
submitted that one of the main conditions for invoking
provisions of section 53A of the Transfer of Property Act is that the
possession should have ... undertaking development works on the property.
Hence the provisions of sec.53A of Transfer of Property Act will not
apply.
ITA No.1250/Bang/2018
under Section 2(47)(v) of the Act, there must be a "contract"
which can be enforced in law under Section 53A ... that the Section
applies, and this is what is meant by the expression "of the nature
referred to in Section 53A ". This expression
under Section 2(47)(v) of the Act, there must be a "contract" which
can be enforced in law under Section 53A ... that the Section
applies, and this is what is meant by the expression "of the nature
referred to in Section 53A ". This expression
transfer during F.Y. 2011-12 purportedly as per
Section 2(47) and Section 53A of the Transfer and Property Act, 1882 as made ... that the Section applies, and this is what is meant by the expression "of the
nature referred to in Section 53A ". This expression
amount to transfer in terms of section 2(47)(v)
of the Act r.w.s. section 53A of the T.P. Act. According ... 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
Tribunal has ignored crucial aspect of Section
17(1A) of Indian Registration Act, 1908 read with section 53A of
Transfer of Property ... view of the provisions of Section 2(47)(v) of The Act
read with Sec. 53A of The Transfer of Property
stated which sub section of section
2(47) is attracted ill the case of assessee Analysis of all the
subsections of section 2(47) reveal ... assumption
of the Assessing Officer is section 2 [47] [v] of the IT Act , which has
referred section 53A of the Transfer of Property
Anugraha Shelters (P) Ltd. Bangalore
Page 3 of 12
section 53A of the Transfer of Property Act. In this regard, the A.O.
placed reliance ... mandatory condition laid down in sec.2(47)(v) of Income tax Act and
sec. 53A of Transfer of Property Act. We notice that