CA K Sanjay BhargavChartered Accountant
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Real estate, JDAs and development

For landowners and developers — where the income tax and GST treatments of a joint development agreement diverge, what crystallises at the completion certificate, and the positions worth fixing before an agreement is signed rather than after.

14 articles · written and reviewed by CA K Sanjay Bhargav, Chartered Accountant

  • Cornerstone guide

    JDA Taxation: Income Tax and GST on Joint Development

    The landowner's adviser sees capital gains. The developer's adviser sees GST. Neither sees the whole transaction — which is why JDA disputes usually start with something both sides thought the other had handled.

  • GST on Advances From Flat Buyers: When It Falls Due

    A developer's GST is not paid when the flat is handed over. It is paid instalment by instalment, from the booking amount onward — and a cancellation two years later has a window inside which it can be reversed, and a route outside it.

  • Company or LLP Landowner in a JDA: No Deferral

    The pillar says it in one line — no deferral. For a corporate landowner that line is the whole problem: a gain measured on property not yet built, in a year with no cash, and a stock-in-trade question underneath it.

  • GST on TDR and FSI: Reverse Charge, Exemption, Timing

    The 80:20 post excludes TDR and FSI from the procurement test because they carry their own reverse charge. This is that charge — the exemption that shrinks it, the cap on it, and the date it falls due.

  • JDA Agreement Review: The Twelve Clauses That Decide the Tax

    The pillar says every outcome is negotiable before execution and fixed after it. This is the clause-by-clause version of that sentence — what each provision does to the tax, and the wording that goes wrong.

  • Section 43CA: Stamp Duty Value on Builder Sales

    A distressed sale, a launch discount, a unit sold to clear stock before completion — each can be taxed on a figure higher than the price received. The rule, the tolerance that softens it, and the date that fixes it.

  • 80:20 Procurement Rule for Builders: RCM on Shortfall

    It is not a monthly compliance and it does not appear on any return until it is too late to fix. The test runs across the whole financial year, and the answer is only visible once the year has closed.

  • Area Sharing vs Revenue Sharing: The GST Valuation Gap

    Both structures deliver the landowner a share of the same project. They do not deliver the same tax outcome — and one of them has a valuation rule that the law never actually wrote.

  • GST on Sale of Developed Plots: When It Applies

    The plot sale is almost never the problem. The separately charged development works, the amenity contributions and the construction obligation are — and those are the lines the department reads first.

  • The Landowner's Share in a JDA: GST and the ITC

    Landowners expect to receive flats. They do not expect an invoice. The GST on that invoice is often recoverable — but only on one side of a single date, and only by someone who registered in time.

  • RERA Filings vs GST Returns: Why the Notice Arrives

    You already told the authority what you sold. You told the department what you declared. Nobody has to investigate anything to notice that the two do not match.

  • Society Redevelopment: What Members and Societies Pay

    A member hands over a flat and receives a larger one, a corpus payment, rent for two years and a displacement amount. Four receipts, four different arguments, and no single settled answer.

  • TDS on Joint Development Agreements: What It Covers

    The deduction is narrow and it is misapplied in both directions — withheld on the area share where it does not apply, and missed on the cash where it does.

  • Unsold Inventory at the Completion Certificate

    Every unsold flat on the day the certificate is issued stops being inventory and starts being a tax computation. The date is known years in advance, which is the only good news in it.

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