Tax query

I am an individual assesses
*Regular tax payer and filing return of income.
*Following accrual method of accounting to arrive my income.from business and profession.
*Entered into a written MOU with a developer to provide professional services for marketing and selling of bungalows and plot for his ongoing project.
*Main clauses of the MOU include following revenant points, which are:
1. I am responsible for carrying out advertising , proposed buyer' site visit and sell related cost .
2. In consideration I will receive a fixed amount of share ( Not commission) per squre feet on sale.
3. Not eligible for  share in case of cancellation of deal.

My query: During the current year some deals are decided between proposed buyers and the Developer  for which registration is pending ( Registration is mandatory).

Towards those deals (Not registered) the developer has paid me some payments.

The amount of share received towards such unregistered deals will be taxable in my hand in the year of receipt or in the year of registration of document. (I fillow accrual method of accounting). Pls advice.

Replies (1)

You need not wait for the agreement to get registered. The buyer shall make the payment to the developer, and the developer in turn shall pay you some percentage of the sale consideration, provided the sale does not get cancelled. You may book the income on receipt basis, and it is nothing to do with registration of document. In case you receive the percentage, and the deal gets cancelled, you may have to refund the amount and reverse the entry in your books. 

I think this is one form of commission on percentage basis having a relationship of agent-principal, even if MOU does not mention it so.

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