Bombay HC Provides Tax Relief for Builders in Joint Developments
In a significant development for real estate developers, the Bombay High Court’s Goa bench has determined that no goods and services tax (GST) is due on construction services under a joint development agreement (JDA) once the developer takes ownership of the property through conveyance. This ruling resolves a longstanding controversy regarding the point of taxation in JDAs, where the revenue department argued for GST applicability at the time of signing the agreements, while developers contended that liability should only arise upon the transfer of the completed property. This judgment is poised to bring much-needed clarity to developers involved in JDA-based…