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Year of transfer in case of surrender of tenancy right.

20 February 2023

In case of surrender of tenancy right (pagdi system) during redevelopment of property , which year is considered as a year of transfer?

( Assessee had entered into a permanent alternative accommodation agreement with the redeveloper , where it states that the surrender of tenancy right will occur on receipt of new property )

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9 Replies

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (194831 Points)
Replied 20 February 2023

As on the date of getting occupation certificate of new property.

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Areeba Khan (4 Points)
Replied 20 February 2023

Sir could you please help me out with the section or any judgement which states so .

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (194831 Points)
Replied 20 February 2023

Conclusion

In conclusion it can be stated that keeping in view above issues, transfer in the cases of development agreements would generally take place only at the stage when the property would be ready and built-up-area is actually made available to the land owner in exchange of land rights by him. The position, however, would very much depend on the terms of the agreement and intention of the parties and particularly, the quantum and manner in which the consideration has to be paid by the developer to the land owner. The agreements, in fact, can be drafted in both the ways which can be construed to mean that transfer has taken place at the first stage or the transfer has taken place only when structure is constructed and built-up-area is handed over to the land owner. It can also be reiterated that even future payment of consideration will not be a decisive factor to hold that there is no transfer at the stage of entering into the agreement. Accordingly, the issue is a controversial issue and will also remain to be controversial, subject however to the language of the agreement.

Refer:: real-estate-development-agreements-stage-of-transfer-and-accrual-of-consideration/

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MPR Sanjay Kumar (3145 Points)
Replied 22 February 2023

@ Honourable Dhirajlal Lal rambhia sir,

what is the current GST rate for Diamonds and manufacturer of diamonds ??? Job work rate and making charges rate?? please give me rate

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (194831 Points)
Replied 22 February 2023

The GST rate on diamonds that are rough or sawn is 0.25%, and on cut and polished diamonds, the GST rate is 1.5%. Diamond job work is now under the 1.5% GST.

For Making charge GST is payable at the rate of 3% of the total transaction value of jewellery.

As per GST circular 126/2019, it has been clarified that all the registered taxpayers under job work are to be levied with 12% GST and hence the unregistered taxpayers under the GST job work will have to give 18% GST rate.

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MPR Sanjay Kumar (3145 Points)
Replied 22 February 2023

@ honorable Dhirajlal Lal rambhia sir, the job work process how it works could you please give me some x and y examples who her liable to pay job work GST percentage. %

I need examples

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (194831 Points)
Replied 22 February 2023

Job work means processing of goods supplied by the principal, wherein a principal manufacturer can send inputs or semi- finished goods to a job worker for further processing. The goods sent for job work maybe raw material, component parts, and semi-finished goods and even finished goods. Examples of common job works are slitting, machining, welding, painting, electroplating, assembly, powder coating etc.

In the said example, when raw gold is given to goldsmith for making jewelry, the same is called job work.

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MPR Sanjay Kumar (3145 Points)
Replied 22 February 2023

@ honourable Dhirajlal Lal rambhia sir great explanation thanking you, here they principle only levey the job work charges to that job worker person??? Or otherwise the job worker Levy the job work percentage to principal?? Could you please tell me

Can I take ITC claim in job work bills