Gst For Development Agreement
But here again, the author has another argument that, if the government itself has already clarified in 2017 that the sale of antique jewelry and private used vehicles is not considered a delivery, because they are not intended to promote the activity. So why doesn`t the same principle apply to the exchange of TDR services and works? Does this mean that there will be separate principles that will apply to goods and be separated for services? The author understands controllability in such cases. However, disputes in such cases can still be mitigated by very careful drafting of the JDA agreement, so that this is not unnecessarily interpreted as an encouragement to transactions or deliveries. Since Article 50C is a legal fiction and its scope and scope are limited to what is written in the provision. Therefore, this provision can only be invoked in the event of a transfer of land or buildings or both. Their exploitation may not be extended to other evaluators, to other characteristics or to circumstances other than those mentioned therein. It was also decided that Article 50C could be invoked if development rights were transferred at the same time as the transfer of the land. It can be seen that there is a registered act of transmission. The additional rights granted would make no difference.
As long as the condition provided for in Article 50C, i.e. the deed of transfer, is registered in respect of the immovable property, other events or transfers or additional rights or liabilities would be arif Akhatar Hussain v. ITO [2010 (12) TMI 91 – ITAT, MUMBAI] The complainant entered into a joint development agreement with landowners for the development of land into residential land, as well as specifications and amenities. The owner of the land entered into separate agreements with clients on the sale of built-up land for remuneration. The parties shared the counterpart in a ratio of 75%: 25% between landowners and developers. The claimant had to bear the full costs of development. Like JDA revenue participation, the tax must be paid by the developer on the basis of RCM for the delivery of the landowner, i.e. the sale of development rights. Indoor delivery for the landowner is the purchase of works. For this purpose, the developer will collect a tax invoice for this delivery with GST. The landowner can claim ITC on the same. In the case of JDA revenue sharing, this is the „provision“ of land development rights.
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