The JDA/DA clauses determine whether this is a sale transaction or a service transaction, in which the development rights of the landowner are made available to the developer, and the JDA/DA documents must be carefully drafted, Without turning to the various positive/unfavourable judgments as they have been made above, it is necessary to independently analyse the particular facts and circumstances of each case and to be sufficiently careful in the development agreement and general business planning, so that the evidence is a priority, without the courts has to worry about the actual form or intentions of the parties. When the landowner transfers the land as a commercial portfolio under the JDA, instead of certain % of the built-up area (housing, stores, etc.) that must be purchased from the developer and are prepared to sell the same thing as a commercial stock in the future, the applicability of the relevant accounting standards/ICDS must be carefully considered, in addition to the guarantees described above. A new section 194IC has been inserted, in which the withholding tax deduction (TDS) is applicable up to 10% at any amount, in return for the individual resident landowner/HUF, in accordance with the agreement covered in Section 45(5A). In addition, there is no threshold, i.e. it applies independently of the payment. If we consider the definition of the real estate project (in accordance with Section 2 (zn) of the RERA Act, it includes the development of land in the land. The other GST Act also recognizes this definition in the context of RERAs for the purposes of taxing real estate projects. This definition could therefore perhaps attract the attention of the authorities when it comes to taxing the sale of building land. The stock held in the trade can only be considered transferred during the year in which the notator executed the result of the sale by transferring the stock to the trade, and not if the notator gave the owner a common development stock. As has already been argued in the above cases, the provisions of Section 2, paragraph 47, point v) would apply only to the asset and not to the asset in the trading.
– Nothing included in the agreement should be construed as the granting of possession in partial execution of the agreement under respect to p. 2 (47) and 2(47)). vi). Sometimes the landowner may have the construction carried out for his own use for the purposes of his residence and agree to share a built-up area potion with the developer, even according to a JDA model. In this case, the landowner never intends to give up his share of the built-up area.