How to deal with sale of property by owner under joint development agreement before getting completion of certificate ???
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Quick Summary
This discussion addresses the tax implications when a property under a Joint Development Agreement (JDA) is sold before a Completion Certificate (COC) is issued. Section 45(5A) of the Income Tax Act typically applies to such cases, but a proviso excludes sales before COC. Therefore, the transaction falls under Section 45(1), meaning tax is charged in the financial year the transfer (exchange) occurs, which is the year of the agreement. Since the agreement was in FY 2016-17 and returns cannot be revised, the user seeks advice on how to manage this in the current financial year.
Proviso of 45(5A) exclude the case if any share in property sold before COC , now the case will deal according to 45(1) which charge tax in the P.Y. in which transfer takes place and transfer cover exchange also therefore the tax should be charged in the year in which exchange take place that means the year of agreement and the same was made in F.Y. 2016-17 . Now we can't revise the return for the F.Y. 2016-17 so please tell me the safer side about how to deal with the case in the current F.Y. ???