Tag: Joint development agreement
TDS u/s 194IC is applicable for payment under JDA to transferor of land and building holding leasehold rights and not ownership. In a recent judgment, ITAT Mumbai has held that it would be against the intent of the legislation to interpret that provisions of TDS under section 194IC …
CBDT prescribes Best Practices and Standard Operating Procedure for Assessing Capital Gains on Joint Development Agreements (JD As) under Section 45(5A) of the Income Tax Act, 1961. Joint Development Agreement (JDA) means a registered agreement in which a person owning land or building agrees to allow another person …
Joining lands and entering development agreement amounted to business as owners who were brother were also directors in the builder company In a recent judgment, ITAT Jodhpur has held that activity of joining the lands and constructing houses thereon amounted to adventure in the nature of trade as …
Capital gain under JDA chargeable during the previous year, in which the certificate of completion for the whole or part of the project is issued by the competent authority. Capital gain under a Joint Development Agreement shall be chargeable to income-tax as income of the previous year, in …
Capital gain tax in JDA is in the year of receipt of constructed area and not in year of entering into joint development agreement – ITAT In a recent judgment, ITAT has confirmed that capital gain tax in the case of a joint development agreement is in the …
GST applicability on work executed under JDA on land owner’s portion on the value at the time of transfer of possession of land owner’s’ portion of flats-AAR Ruling ABCAUS Case Law Citation:ABCAUS 3115 (2019) (08) AAR Important case law relied upon by the parties:Vaswani Estates Developers Pvt. Ltd …
Section 45(5A) is prospective in nature not retrospective. The section provides that the date of handover of the possession is the criteria to consider capital gains and not the date of agreement. ABCAUS Case Law Citation: ABCAUS 2943 (2019) (05) ITAT Important Case Laws Cited/relied upon by the …
JDA taxation-no capital gain when possession not handed over to builder and only right to enter the property given to demolish and re-construction ABCAUS Case Law Citation: ABCAUS 2498 (2018) 08 ITAT The aforesaid appeal was filed by the assessee against impugned order passed by CIT (Appeals) in …
Roads and common facilities area in land development agreement also part of assessee’s share in land for capital gain purpose and had to be in the same ratio-ITAT ABCAUS Case Law Citation: ABCAUS 2275 (2018) (04) ITAT The Assessing Officer (AO) had the information that the assessee and …
Supreme Court explains the concept of income tax on Joint development agreement and applicability u/s 2(47) and section 45 and 48 where the JDA was not registered and was abandoned In an important judgment, Supreme Court has explained the concept of income tax on Joint development agreement and …
