Case Law Details
Pr. CIT Vs Dr. Amrik Singh Basra (Punjab & Haryana High Court)
After considering the relevant statutory provisions and the case law, the following conclusions were drawn :–
“(1) Perusal of the JDA dated 25-2-2007 read with sale deeds dated 2-3-2007 and 25-4-2007 in respect of 3.08 acres and 4.62 acres respectively would reveal that the parties had agreed for pro-rata transfer of land.
(2) No possession had been given by the transferor to the transferee of the entire land in part performance of JDA dated 25-2-2007 so as to fall within the domain of section 53A of 1882 Act.
(3) The possession delivered, if at all, was as a licencee for the development of the property and not in the capacity of a transferee.
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