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2.1. The salient features of the 2nd
2.2. The Supplementary Agreement has substantially
3. Broadly the question is about the year of chargeability of
4. Whereas it is the contention of applicant that the transfer can
5. Following revised questions were formulated by the applicant:
6.1. Two aspects may be noted at this juncture. Firstly, the
7.1. This Authority in its ruling in the case of Anurag Jain, In re1
7.2. In T.V. Sundaram Ayyangar and Sons Ltd. vs CIT2
7.3. The legal position does not therefore admit of any doubt that the
8.1. The purpose of introducing clause (v) in conjunction with clause
9. We are concerned here with clause (v) and it is this provision
10. As to the date of deemed transfer under clause (v), two
11. We cannot subscribe to any of these extreme but plausible
12.1. It is usual that in an agreement for transfer of immoveable
13.1. In Salmond’s Jurisprudence, at para 54, we find an illuminating
13.2. On a fair and reasonable interpretation and on adopting the
13.3. Further, if ‘possession’ referred to in clause (v) is to be
13.4. While on the point of possession, we would like to clarify one
14.1. Provisional licence (called as ‘letter of intent’ by the
15.1. It is stated in para 18 of Collaboration Agreement that on
15.2. A copy of the irrevocable GPA executed in terms of para
16.1. The expression “involve” according to the New Shorter
16.2. Viewed in the light of the above meanings assigned to the
17.1. For all these reasons, the contention of the authorized
18. We have to advert to one aspect which has caused some
19. The Departmental Representative relied on para 27 of the
20. The following is the summary of conclusions:
21. In view of the foregoing discussion, we answer the first
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AAR on Property Developing

AAR on Property Developing

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Published by Dinesh Mohan

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Published by: Dinesh Mohan on Oct 11, 2011
Copyright:Attribution Non-commercial


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