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Issue ID: 119958
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GST on TDR for JDA executed before commencement of GST

Date 01 May 2025
Replies 9 Replies
Views 11401 Views
GST on transfer of development rights: developer liable under reverse charge at time of occupancy certificate.
Taxability of Transfer of Development Rights under a JDA hinges on timing and receipt of consideration: GST liability generally falls on the developer under the Reverse Charge Mechanism at OC or first occupation, with exemptions for residential units sold before OC; pre-GST vesting of rights may preclude GST on the landowner, but post-GST construction supplies by the developer can remain exigible and are measured by unsold proportion at OC. (AI Summary)

JDA is executed in 2015,project was commenced in 2018 and OC recieved in 2022. what is taxability of TDR (Transfer of developmental rights) by land owner to developer ?

Liability to pay tax on TDR by land owner as per notification 04/2018 dated 25th January 2018??

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