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srsubramanian (finance taxation manager )     05 October 2021

can CBDT Unded finance minister issue calarity that the decision of Suraj lamp industry vs state of haryana to be applied prospectively to avoid hardship.

guess which activity earlier legal or not taxable was supposed to be illegal/exempt with retrospective effect?

held that decision was to be applied prospectively to avoid hardship. However the SA/ GPA/ WILL transactions that have been accepted by DDA or other developmental authorities or by the Municipal or revenue authorities to effect mutation, they need not be disturbed were kept out of the purview of this judgment.

While concluding the judgment Hon’ble Court made it clear that the judgment was not intended to in any affect the validity of sale agreements and powers of attorney executed in genuine transactions. For instance a person may enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings and in that behalf execute an agreement of sale and grant a Power of Attorney empowering the developer to execute agreements of sale or conveyances in regard to individual plots of land or undivided shares in the land relating to apartments in favor of prospective purchasers.

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