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TMI Blog2016 (10) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt, where parties entered into settlement for transfer of plot. Fact remains that no legal document having effect of transfer of immovable property was placed before Appellate Authority. Under the provisions of transfer of Transfer of Property Act, 1882 unless a registered sale deed is executed, title of immovable property can not pass. Agreement to sale is not a transaction of immovable propert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned counsel for appellant and perused the record. 2. Present appeal under Section 260-A of the Income Tax Act, 1961(hereinafter referred as 'Act') has been filed against judgment of Income Tax Tribunal , Agra Bench, Agra(hereinafter referred as 'Tribunal ) in ITA No. 100/Agra/2001 dated 25.8.2006 for Assessment Year 1995-96. 3. This appeal was admitted on following substantial qu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther on the facts and in the circumstances of the case the Appellate Tribunal was legally justified in upholding the taxability of the capital gains in respect of said asset in A.Y. 1995-96 de hors the proviso to sub-section (4) of section 54F of the Act that permits assessment of capital gains in such circumstances in the assessment year relevant to the year in which period of three years expires ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Hence this appeal before this Court. 6. There was an agreement for purchase of land which was not carried out and matter was taken to Court, where parties entered into settlement for transfer of plot. Fact remains that no legal document having effect of transfer of immovable property was placed before Appellate Authority. Under the provisions of transfer of Transfer of Property Act, 1882 unle ..... X X X X Extracts X X X X X X X X Extracts X X X X
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