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Section 53A of the Transfer of Property Act

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The method adopted by the assessee, therefore,cannot be regarded to comply with the ownership so as to get an enforceable right to receive the balance of sale consideration, the question of applying Section 53A of the Transfer of Property Act would not arise so as to recognise the revenue before actual registration. Recognition/identification of income under the Income-tax Act 1961 is attainable by several methods of accounting. Project completion method [PCM] is one such method.
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Transfer of all significant risks and rewards of ownership

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The case of builders, undertaking construction on own account, is more appropriately covered by AS-9. The question, therefore, reduces to as to which of the two methods is, on facts of the case,in consonance with AS-9. The said standard stipulates the basic conditions that should obtain if the income can be said to have accrued. The first is the transfer of all significant risks and rewards of ownership. Income arises on exchange. Risk and reward are incidents of ownership, income, thus, can be said to have accrued when there has been i.e., given the binding legal contract, transfer of these incidents, wholly or substantially so.
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The role of the government

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The role of the government is limited to providing a framework of norms for aiding this exercise typically in the form of tax concessions and recapitalization of banks. Most countries across the world follow a ‘mixed approach’ that is a combination of both the centralized and decentralized approaches. The mixed approach involves restructuring of loans of large enterprises in a government supported out-of-court mechanism. Restructuring mechanism in India too has evolved with different instruments being used by banks for rescheduling, renegotiation and rehabilitation for many years.
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