Point of Taxation on Landowner share when no Conveyance Deed is executed

[N Kumar]

Sir,

What is the point of Taxation on Land owner share when Joint Development Agreement (written land owner flats and builder flats) is entered in September 2012 and there is no Supplementary Deed or conveyance deed there after? Since there is no there conveyance deed whether the stand of OC date as POT is acceptable ? or If it is JDA date can we apply period of limitation under service tax?

AI Summary

Determining Tax Point for Landowner's Share in JDAs: Is it the JDA Date or Occupancy Certificate Date? A query was raised regarding the point of taxation for a landowner's share when a Joint Development Agreement (JDA) was signed in September 2012, but no conveyance deed was executed thereafter. The question asked if the date of obtaining the Occupancy Certificate (OC) could be considered the point of taxation or if the JDA date could apply under the service tax limitation period. The response advised that the date of possession should be the point of taxation, referencing specific circulars for further guidance.