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?

[KASTURI SETHI]

The date of possession will be point of taxation. Go through Board's Circular No.151/2/2012-S.T., dated 10-2-2012 (Para No.2.1 (B) refers) and Instruction F. No. 354/311/2015-TRU, dated 20-1-2016. Both circulars to be read together.

AI Summary

Point of taxation: possession date governs tax liability for landowner share under a joint development agreement when conveyance is absent. The point of taxation for the landowner's share under a Joint Development Agreement without a conveyance or supplementary deed is the date of possession; circulars and departmental instructions should be read together to determine the timing of tax liability and related limitation consequences.