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Considering the facts of the case in the light of above discussion, it is clear that agreement to sell was executed and registered on 16.01.2009 whereby the part possession of the property in question have been handed over to the purchaser subjected to part payment. Therefore, transfer of capital asset completes in preceding A.Y. 2009-2010. This fact is further strengthened by the fact that registered sale deed was executed between the parties on 31.03.2009 whereby the entire terms and conditions are satisfied. The full sale consideration have been paid and possession of the property have been handed over to the purchaser. This fact is further strengthened by Section 47 of the Registration Act whereby it is provided that registered document shall operate from the date of its execution. In these circumstances, we hold that transfer of capital asset had taken place in preceding A.Y. 2009-2010.

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Section 2(47) read with sections 45 and 147 of the Income Tax Act, 1961 — Capital gains — Transfer — Capital gain tax would be chargeable in A.Y. 2009-10 and not in 2010-11 where possession of property was handed over to purchaser on full payment of sale consideration and sale deed was executed on 31-03-2009 while it was registered on 1-04-2009 — Smt. Madhu Gangwani vs. Assistant Commissioner of income tax [2019] 179 ITD 673 (Delhi-trib)

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