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Granting of license to developer doesn’t amount to possession within meaning of section 53A of TP Act
Case Law Details
- Case Name
- Late Bharat Jayantilal Patel Vs DCIT (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2013-14
- Courts
- All High Courts, Bombay High Court
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Late Bharat Jayantilal Patel Vs DCIT (Bombay High Court)
Bombay High Court held that granting of license to developer (who entered into assessee’s land for the purpose of development) doesn’t amount to ‘allowing the possession of the land’ within the meaning of section 53A of the Transfer of Property Act.
Facts-
The Petitioner in the present Petition challenges inter alia the notice issued under Section 148 of the Income Tax Act, 1961 (“the Act”) dated 22 March 2021 relevant to the assessment year 2013-14. By virtue of the said notice, assessment for the year 2013-14 is sought to...




