TaxTMI 
TaxTMI 
Joint Development Agreement
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....oint Development Agreement<br> Query (Issue) Started By: - Prasenjit Pal Dated:- 27-5-2021 Last Reply Date:- 27-5-2021 Goods and Services Tax - GST<br>Got 1 Reply<br>GST<br>Sir, the query as posted yesterday needs to be revised and the corrected one is below Joint Development Agreement(JDA) was executed between landowner and builder for construction of a residential building ( commercial area exc....
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....eeds 15% of total capet area) on 31.08.2018. Since then neither construction was started nor commencement certificate was obtained till date. Even plan was also not sanctioned till date. But an amount of ₹ 25 lacs has been paid to the owner by the builder on 31.08.2018 as a part of consideration (in addition to to the proposed share of flats). Even the flats have not been earmarked for this....
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.... purpose as all the plans are not yet approved for commencement of project Wheather any GST needs to be paid by virtue of that JDA executed 31.08.2018 and transfer of ₹ 25 Lacs from builder to developer and and if applicable wheather as per new scheme as applicable from 01.04.2019 or as per old scheme ? Reply By Shilpi Jain: The Reply: Since the JDA was entered before 1.4.19, the taxabili....
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....ty would be as per the old scheme. No RCM will apply to developer on development rights transferred. Liability will arise at the time of allocation i.e. supplementary agreement. For the services provided on the Landowner's share there is a possibility to pay as per the rate in the new scheme.<br> Discussion Forum - Knowledge Sharing ....