Capital Gains

The newly introduced section 45 ( 5A) of the IT Act 1961, takes care of Capital Gains if the joint development agreements are registered but in case of JDA which is not registered when does the Capital Gain arise? as the unregistered JDA does not amount to transfer as decided by the Supreme Court in CIT VS BALBIR SING

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Quick Summary
This discussion explores capital gains tax implications for Joint Development Agreements (JDAs) in India, specifically when the JDA is unregistered. While Section 45(5A) of the IT Act 1961 covers registered JDAs, the tax treatment for unregistered ones, especially concerning when the transfer is deemed to have occurred, is debated. The query highlights a scenario where possession was handed over and construction began under an unregistered JDA, questioning the relevant assessment year for capital gains tax.

While quoting case laws please refere year.
However, joint development agencies are generally governed by seperate laws.

Thanks Sir ! In a case the JDA was entered into with the developer  in August 2019,that is financial year2019-2020 relevant  to the assessment  year 2020-2021 The JDA was not registered. The possession  of the land handed over to the developer and after obtaining necessary  sanction from the corporation authorities the work is under progress. In this case when does the capital gain arises and which assessment  year capital  gain tax has to be given

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