Tag: Joint Development Agreement

Latest StoriesRegulatory

SC Halts GST Demand on Real Estate Joint Development Deals

MUMBAI: The Supreme Court has put a hold on a goods and services tax (GST) demand linked to a joint development agreement (JDA) for a real estate project, a ruling that could significantly affect real estate developers and landowners nationwide. JDAs are commonly used as they permit developers to access land without making an upfront payment. Authorities are attempting to categorize the transfer of land development rights under JDAs as a taxable ‘supply of service’ according to GST regulations. Developers contest this classification, asserting that the agreement fundamentally involves a ‘transfer of land’, which falls outside the GST framework. A…

Latest StoriesRegulatory

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…