This article contains provisions relating to real estate and the joint development agreement applicable from 01-04-2019. It is assumed that all constructions and agreements will be completed after 01-04-2019 and there are no cases of projects in progress. The taxpayer disputed that the development activity was grouped with the sale of land and was inseparable from the sale of land, so that the sale of developed land was nothing more than the sale of land and did not tax GST. To carry out work with the real estate developer, he enters into construction contracts with home buyers. In addition, the GST applies to such work. However, there is a catch in GST`s applicability to the real estate transaction. If the property is under the structure, the GST applies to the property transaction, if the property is fully created, then no GST applies to it. As a CA PRACTICE in the real estate sector, your thinking about land development is really appreciated. If we consider the definition of the real estate project (in accordance with Section 2 (zn) of the RERA Act, it includes the development of land in the land. The other GST Act also recognizes this definition in the context of RERAs for the purposes of taxing real estate projects. This definition could therefore perhaps attract the attention of the authorities when it comes to taxing the sale of building land. JDA helps both the developer and the owner of the land with an initial investment for the fund-raising, partially avoiding stamp duty, the accelerated development of the property as capital is necessary only for the execution of the construction work, consideration for the lessor will be paid most often after the completion of the project.
In this case, the taxpayer and the landowner completed a JDA for the development of land in residential land as well as amenities. The distribution of income between the taxpayer and the landowner is 25% and 75% respectively. The cost of development has been borne by the taxpayer. The taxpayer also entered into an agreement with customers for the sale of land built for compensation. The subject sought a preliminary decision on whether: after the introduction of the GST, the tax applies during the transfer of development rights. Therefore, any transfer of development rights, parts and parcels of real estate is considered a service. In addition, any transfer of a built-up area in the form of an apartment or house must also attract GST. (b) registered persons who provide complex, real estate or civil structure construction services to the operating rights provider, for payment, in whole or in part, in the form of a transfer of development rights; in the case of overhead participation, the transaction is the ”supply” of rights to operate on land.