Tax liability arising on A/c of Joint Development agreements

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Dear Friends,

 

I need some reviews and comments about the below mentioned issue. kindly give me your valuable feedback.

 

The situation :

 

"A" is the owner of a piece of land in Bangalore . "A" enters in to an agreement with a developer to develop the discussed piece of land into a residential apartment consisting of 14 Flats.


the details of the agreement are as follows:

1) Rs. 700000 was given as non refundable security deposit to the land lord( such money was given on the day of registering the deed)

2) on completion of the project 4 flats were handed over to the landlord in exchange of 50% of ownership in Land & Title to land.

3) period of completion of project : 3yrs.

4) date of completion of project : Nov '09

5) flats sold in the month of Feb'10 ( flats of assessee "A")

 

I want to understand the mode of computation of tax and the tax liability of the assessee "A" with regard to the non refundable security deposit , the manner of computaion of capital gains from the proceeds received upon sale of such flats(4 nos.) and also the relevant assesssment years in which the liablities arise.

Replies (1)

Normally entering into development agreement will trigger capital gains. But in this case, since consideration is not specified, capital gains taxation will depend on wordings in the agreement, whether POA given to developer and other things. 

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